Kolize předběžných opatření: domácí násilí a styk s nezletilým
Conflict of Preliminary Measures: Domestic Violence and Child Access
Author(s): Sára WranováSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Administrative Law
Published by: Masarykova univerzita nakladatelství
Keywords: preliminary measure; domestic violence; child access; conflict of preliminary measures; lis pendens; res iudicata; best interest of a child
Summary/Abstract: The Czech legal system offers a procedural tool that provides almost immediate assistance to the victims of domestic violence: a preliminary measure on the protection against domestic violence. The court may, inter alia, order the defendant to refrain from meeting the complainant (Section 405(1)(c) of the Act on Special Court Proceedings). In contrast, there is a procedure in matters related to children which regulates contact with children in any situation. The family court may regulate or prohibit child access also by way of an preliminary measure (Section 76(1)(e) of the Code of Civil Procedure). If the two situations meet and domestic violence is directed by a parent against a child, the child has two means of protection, even though neither the legal system, nor case-law nor legal literature describe the relationship between the two means.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 31/2023
- Issue No: 3
- Page Range: 673-702
- Page Count: 30
- Language: Czech
