4. Protection for domestic violence victims and relief granted | Hungary | Fighting Domestic Violence

4.1 Civil protection orders

4.1.1 Are there civil protection orders available to victims of domestic abuse?

Yes, besides the protection orders that can be issued within criminal proceedings, temporary preventive civil protection orders and preventive civil protection orders (these two are hereinafter referred to as "preventive civil protection orders") are also available based on the Civil Protection Act.^[20] A temporary preventive civil protection order is issued by the police (both ex officio and at request), while a preventive civil protection order is issued by the court in a civil nonlitigious proceeding.

4.1.2 Who can petition for civil protection orders?

Preventive civil protection orders can be primarily petitioned by the victim and other persons having a relationship with the victim, such as the following:

the spouse of the victim (including his/her next of kin and siblings)
next of kin — parents and children of the victim (including their spouses)
siblings of the victim (including their spouses)
adopted children, stepchildren, foster children
adoptive parents, stepparents, foster parents
the victim's partner or registered partner

According to the Civil Protection Act,^[21] the "victim's relatives" include ex-spouses, ex-partners, registered ex-partners, conservators, persons under conservatorship, guardians and persons under guardianship.

The following entities and persons are also entitled to initiate the issuance of a temporary preventive civil protection order:

persons acting within their competence and scope of activities as stipulated in Act XXXI of 1997 on the Protection of Children and Guardianship Administration ("Child Protection Act")^[22] and Act III of 1993 on Social Governance and Social Benefits^[23] (e.g., guardianship authority, persons acting within the framework of basic child welfare services, child protective specialty cares and related authority measures, etc.)
healthcare service providers, providers of personal care services and public educational institutions within their competence and scope of activities related to child protection as stipulated by the Child Protection Act

4.1.3 Are there temporary custody of a child or child support orders?

Preventive civil protection orders stipulate that the abuser's parental responsibility (right to child custody) and his/her right to keep contact with his/her child be temporarily suspended. With respect to the other support obligations of the abuser (based on legal provisions or contractual agreements with the victim), preventive civil protection orders do not have an effect on the validity of such obligations.

4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?

Yes, in the case of issuing preventive civil protection orders, the abuser is obliged to stay away from the victim (or other persons identified therein), to avoid any direct or indirect contact, including the obligation to stay away from the property serving as the habitual residence of the victim.

In case the abuser uses the property serving as the habitual residence together with the victim, the abuser is obliged to move out and stay away from the property only if the victim has a legal relationship to the property (ownership, lease, etc.) other than courtesy use, or if their child lives and is raised there.

4.1.5 Are there any other types of emergency, preventive and civil protection orders?

As discussed above, both temporary preventive civil protection orders and preventive civil protection orders can be issued under the Civil Protection Act.

4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?

Yes. Anyone can initiate a call to the police to attend a situation and, if appropriate, the police can issue temporary preventive civil protection orders if there are signs of domestic violence. Civil protection orders can also be issued in the case of children based on a notification from the child's doctor or another healthcare worker, the child's caregiver or even from the employee of the educational institution the child attends if these persons obtain information about ongoing domestic violence (as mentioned above).

4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?

Yes, the police issue a temporary preventive civil protection order for a short period (i.e., up to 72 hours) and this is generally issued during their on-site action, immediately. Its purpose is to immediately apply measures against ongoing domestic violence and to protect the victim.

4.1.8 Are ex parte orders permitted without the aggressor being present?

Yes. Although the court is obliged to hold a hearing of the parties at least once during the full legal proceedings, the preventive civil protection order can be issued even in case the abuser does not attend, provided that he/she was lawfully informed about it (subpoena). Informing about the hearing is deemed lawful if the abuser verifiably learned about it (the court can also request the police to inform the abuser). Similarly, when performing on-site action, if the police hear that the abuser (regardless of whether he/she is present), then they can issue a temporary preventive civil protection order and then subsequently notify the abuser of the order.

4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?

Yes, protection is extended to family members but only if the civil protection order contains the obligation for the abuser to stay away from these individuals and they are sufficiently identified therein.

4.1.10 How long do the orders last?

Preventive civil protection order — maximum for 60 days^[24]
Temporary preventive civil protection order — maximum for 72 hours^[25]

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.

Court statistics on the judicial review of temporary preventive civil protection orders and the issuance of preventive civil protection orders between 2010-2012:

	2010			2011			2012
	received	finished	in progress	received	finished	in progress	received	finished	in progress
Temporary preventive civil protection orders — judicial review	448	447	6	272	275	3	251	251	3
Preventive civil protection orders	1901	1907	23	2078	2070	31	2166	2150	47

4.2 Steps for receiving a protective order

4.2.1 What documentation is needed to obtain a civil protection order?

The police generally issues the temporary preventive civil protection order ex officio during their on-site action but it may also be requested by the victim and the above-mentioned other persons having a relationship with the victim. There is no need to provide specific documentation in either case. The police decide whether to issue an order based on the facts of the case (of course, the police must gather the relevant information in this regard from the involved persons, witnesses, etc.).

The preventive civil protection order is issued in civil nonlitigious court proceedings, which is initiated by either of the following:

the police ex officio, if they previously issued a temporary preventive civil protection order
the victim and the above-mentioned other persons having a relationship with the victim, by submitting a request — orally into a record or in writing — to the competent court (the court where the victim has his/her habitual residence) (such request should mainly contain an explicit request to perform the related proceedings, justification of the request, a brief description of the facts and history leading to the violence, identification of the requesting party (name, address) and also information about the abuser, such as identification and contact details if available)

4.2.2 Does the victim need to attend a hearing?

Yes, the victim needs to attend a hearing if the proceedings to issue the preventive civil protection order were initiated by the victim. In case he/she does not attend the hearing and does not provide sufficient justification for his/her absence, the court stops the proceedings. Nevertheless, if justified by the circumstances of the case, the court can hear the victim and the abuser separately. The absence of the abuser does not prevent the court from issuing the preventive civil protection order.

If the police or the guardianship authority initiated the proceedings ex officio, then neither the absence of the victim nor that of the abuser prevents the court from issuing the preventive civil protection order.

4.2.3 Can you request remedies?

Since preventive civil protection orders are issued in civil nonlitigious proceedings, remedies can only be requested in a separate litigation.

4.2.4 Are there time limits?

Yes. The police must issue a temporary preventive civil protection order (i) immediately, during their on-site action or, (ii) if they are performing a short-term arrest in respect of the abuser, by the expiration of such short-term arrest. Simultaneously with issuing the temporary preventive civil protection order, the police ex officio request the competent court to issue a preventive civil protection order.

The court needs to decide whether to issue a preventive civil protection order (i) within three days from the start date of the temporary preventive civil protection order issued by the police, or (ii) in case of proceedings based on a request (by the victim or other entitled person), within three working days from the submission of such request.

A judicial review of the temporary preventive civil protection order issued by the police may be requested from the court within three days of being notified about the police order, and the court must decide on such a request within three working days from its submission.

An appeal against the court decision on the preventive civil protection order may be filed within three working days of being notified about the court decision, and the court of appeal must decide on the appeal within three working days from its filing.

4.2.5 Are there different rules in emergencies?

Yes. There is an alert system in place where a wide range of entities and persons in proximity to the victim must report directly to the authority responsible for coordinating family protection and, through it, indirectly to the police if they notice signs indicating domestic violence. The authority responsible for coordinating family protection must examine such report and notify the police about it. Further, beyond these statutory reporting obligations, almost anybody can also report such events to these authorities. In these cases, no formal request is required, and after investigating the details of the report, the police can ex officio issue a temporary preventive civil protection order for up to 72 hours, immediately during their on-site action and, at the same time, they must immediately initiate court proceedings for the issuance of a preventive civil protection order for up to 60 days.

4.3 Judicial discretion

4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

The judge usually considers all the circumstances of the case, in particular: the facts presented by the victim and the abuser; the signs indicating violence; and the behavior of the victim and the abuser. If these lead the judge to the well-founded conclusion that violence occurs between the parties, the preventive civil protection order will be issued.

4.3.2 Are there age limits on who can obtain orders?

There is no specific age limit, as (i) minors also have legal capacity in handling certain legal matters concerning themselves and their rights (although generally limited and assessed on a case-by-case basis considering the subject of the particular proceedings and the age of the minor), and almost anyone can make a notification, even persons of minor age themselves, and (ii) married minors above the age of 16 are considered to be of legal age based on the Hungarian Civil Code.

4.4 Restitution and remedies available to victims

4.4.1 Can victims obtain reimbursement for costs and restitution paid?

Requesting the issuance of a preventive civil protection order is free of charge. Restitution can be asked in separate civil litigation proceedings, which usually start with a civil lawsuit and can result in restitution of damages suffered via physical or psychological harm, as well as via violated personality rights.

4.4.2 Can they recover wages and profits lost?

Not within the proceedings aimed at the issuance of the preventive civil protection orders, but lost wage and other profits lost (e.g., allowances) can be recovered in civil proceedings if a causal relation between the damage and the lost profits can be established.

4.4.3 Is a separate civil process required?

Yes.

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