4.1.1 Are there civil protection orders available to victims of domestic abuse?
Yes, it is possible to apply for interim measures (předběžné opatření) under Act No. 292/2013 Coll., the Act on Special Judicial Proceedings ("Special Proceedings Act"), and the abuser could be ordered to (not exclusively):
- leave the common household as well as its vicinity, not to reside in the common household or enter it;
- refrain from entering the vicinity of the common household and not to reside there;
- refrain from meeting the victim;
- refrain from undesirable pursuit and bothering of the victim by any means.
The court can pick one or more (or all) of the given options.
Additional interim measure concerning a child's affairs could be applied for by the social childcare authorities (orgán sociálně-právní ochrany dětí) in cases where the child lacks proper care or if the child's life, normal development, or other important interest is seriously endangered or has been disturbed. The court could order, for the time strictly necessary, that the child is placed in a suitable environment.
4.1.2 Who can petition for civil protection orders?
Petitioner for CPOs could be:
- victim;
- person living in the same household as a victim;
- social childcare authorities;
- parent/legal representative in case of minors.
Intervention Centers (Intervenční Centra), established under Act No. 108/2006 Coll., Social Services, offer assistance to victims or persons at risk of violent behavior by the expelled abuser. They provide psychological, legal and social assistance services free of charge. The service includes ensuring cooperation and mutual information between intervention centers, other providers of social services, social childcare authorities, municipalities, police, as well as other public administrative bodies.
The Ministry of Labour and Social Affairs of the Czech Republic maintains a register of the social services providers, including the Intervention Centers.[1]4.1.3 Are there temporary custody of a child or child support orders?
Yes, there is an interim measure in relation to the child's affairs under the Special Proceedings Act, and the child can be placed in a suitable environment for the necessary time period. This measure can only be requested by the social childcare authorities (see above). Once the proceedings for this interim measure is applied for, the court shall promptly initiate the main proceedings dealing with the childcare and support.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
Yes, the interim measure under the Special Proceedings Act and a police expulsion (see below).
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
Yes, under Act No. 273/2008 Coll., the Police Act, the police can intervene against the abuser via the institute of police expulsion (see more details in section 5.1).
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
Yes, it could be requested by another member of the household, the parent/legal representative of the minor or social childcare authorities. For the purposes of the CPOs concerning domestic violence, a person older than 16 can act independently as an adult.
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
The CPOs available are the interim measures concerning domestic violence and child's affairs as governed by the Special Proceedings Act and police expulsion governed by the Police Act.
4.1.8 Are ex parte orders permitted without the aggressor being present?
Yes, the CPOs are issued without the hearing in cases of domestic violence within 48 hours and in cases of child's affairs within 24 hours.
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
There is no automatic protection granted, however, the application can be made on behalf of other family or household members.
4.1.10 How long do the orders last?
The interim measure concerning domestic violence is issued for one month and could be extended up to 6 months. The interim measure concerning child's affairs is issued for 1 or 3 months, depending on where the child is placed and could be extended up to 6 months; in case of exceptional circumstances or in serious circumstances, it could be extended for a necessary addition period.
4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.
4.2.1 What documentation is needed to obtain a civil protection order?
In accordance with Section 402 of the Act on Special Judicial Proceedings, the application for interim measures must state the facts which prove that the cohabitation of the petitioner and the respondent is unbearable for the petitioner due to physical or mental violence against the respondent or another person living in the same household.
4.2.2 Does the victim need to attend a hearing?
The court shall decide without a hearing pursuant to Section 404 of the Act on Special Judicial Proceedings.
4.2.3 Can you request remedies?
The only remedy against an interim measure is an appeal. An appeal to the Supreme Court is not admissible against an interim measure. A constitutional complaint comes into consideration only when interfering with the constitutionally guaranteed rights of the obligor, and, as recent case law shows, it cannot be successfully based on a lack of reasoning.
4.2.4 Are there time limits?
Interim measures are issued in the time of need; there are no time limits.
4.2.5 Are there different rules in emergencies?
An interim measure is a measure of a court or administrative body in the Czech Republic, which temporarily resolves certain conditions before a final decision is issued in the case. The court may order an interim measure if the circumstances of the parties need to be adjusted temporarily, or if there is a fear that the enforcement of the judgment would be in jeopardy. An interim measure is issued in emergencies.
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?
The judge enters into a dispute in order to decide impartially and fairly; the outcome of the court proceedings is merely at the discretion of the judge and their assessment of the case.
4.3.2 Are there age limits on who can obtain orders?
Such a condition does not apply in the Czech legal system.
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
Proceedings that can be initiated without a petition and in matrimonial and partnership status matters, in principle, none of the parties is entitled to reimbursement of the costs of the proceedings.