Act No. 135 / 2006 Coll.
Law amending certain laws in the field of protection against domestic violence
Valid
Effective from 01.01.2007
135
THE LAW
of 14 March 2006
amending certain laws in the field of protection against domestic violence
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 1 / 2004, Act No. 1 / 2001, Act No. 2 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 6 / 2001, Act No. 5 / 2001, Act No. 5, Act No. 6 / 2001, Act No. 5, Act No. 2001, Act No. 2000, Act No. 5, Act No. 5, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2001, Act No. 2000, Act No. 2000, Act No. 2001, Act No. 2001, Act No. 2000, No. 2000, Act No. 2001, Act No. 2000, Act No. 2000, No. 2000, Act No. 2000, Act No. 2001, Act No.
1. In Paragraph 52 (2), the words "competent police authority 'are replaced by the words" Police of the Czech Republic' and the words "that authority 'are replaced by the words" Police of the Czech Republic'.
2. In Paragraph 74, at the end of paragraph 2, the sentence "The parties to the proceedings pursuant to Article 76b are the appellant and the one against whom the proposal is directed. the draftsman means a person whose life, health, freedom or human dignity is seriously threatened by the conduct of the person against whom the proposal is directed. ';
3. In Article 74 (4), the words "and 76b 'shall be inserted after the words" Article 76a'.
4. In Paragraph 75a, the words "and 76b 'shall be added at the end of paragraph 2.
5. the words "and 76b" shall be added at the end of Article 75b (3).
6. In Section 75c (1), the words "or Section 76b 'shall be added at the end of the text in point (b).
7. In Article 75c (2), the words "on a proposal pursuant to Article 76b until 48 hours after it has been submitted 'shall be inserted after the words" 24 hours after it has been submitted'.
8. The following Section 76b is inserted after Section 76a, including footnote 33c:
(1) Where a participant against whom the proposal is directed is seriously threatened by the applicant's life, health, freedom or human dignity, the President of the Chamber may impose interim measures on the participant against whom the proposal is directed, in particular in order to:
(a) have temporarily left the apartment or house co-occupied with the applicant (hereinafter referred to as the "common residence"), as well as its immediate surroundings, or not entered it;
(b) refrain from meeting and making contact with the appellant.
(2) The exceptions resulting from the performance of the duties imposed by the provisional measure on the party against whom the application is directed shall be determined by the court, having regard to its legitimate interests.
(3) The provisional measure referred to in paragraph 1 shall last for one month from its enforceability. If a decision on the application for interim measures has been taken pursuant to paragraph 1 of the Decision of the Police of the Czech Republic pursuant to a special legislature33c), this period shall begin on the day following the date on which the period laid down in this special legislation expired. In the case of an application for an extension of an interim measure pursuant to paragraph 4, the period shall not end before the court decides on such an extension.
(4) If, before the expiry of the period referred to in paragraph 3, proceedings have been initiated in the matter itself, the President of the Chamber, acting on a proposal from the appellant, may decide to extend the duration of the interim measure; taking into account the duration of the applicant's state of danger referred to in paragraph 1, the content and reasons for the application to initiate proceedings in respect of the substance, property or other circumstances of the parties, including ownership and other relations with the joint dwellings subject to the interim measure, and other relevant circumstances. However, the provisional measures shall expire no later than one year after the date of its regulation.
(5) The decision on the draft interim measure referred to in paragraph 1 is not subject to a prior decision of the Police of the Czech Republic under a special legislation.
33c) § 21a et seq. of Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended. '
Article 76b to 76f shall become Article 76c to 76g.
9. In § 76c, the sentence "The order for interim measures under § 76b shall be published to the participants only when its execution is carried out. The order shall be delivered to the participants who were not present in the execution of the execution, together with the notification that the execution has been carried out. ';
10. the words "and 76b" shall be added at the end of paragraph 76d.
11. in Paragraph 77 (1) (a), the words "within the legal period" shall be inserted after the words "not submitted."
12. In Paragraph 89, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) In the proceedings which are initiated together with the application for an extension of the provisional measure pursuant to Article 76b (2), the district court is responsible for deciding to extend the provisional measure. '
13. The following Section 273b is inserted after Section 273a:
Enforcement of the decision to declare a joint residence and not to establish contacts with the beneficiary
(1) Where the court has ordered a preliminary measure to temporarily leave the common residence and its immediate surroundings or to refrain from meeting the person designated by the court in the order and from making contact with it (§ 76b), it shall also ensure the immediate execution of this decision.
(2) The enforcement of the decision shall be carried out in such a way that the court, acting in conjunction with the competent national authorities, has declared the debtor of the common residence, shall remove all keys to the common residence which the debtor holds and, where appropriate, prohibit him from meeting or otherwise contact the designated person. At the same time, the Court of First Instance shall give the debtor the opportunity, directly in the course of the execution of the decision, to take his personal valuables and documents from the common residence and the matters which serve his personal needs; during the duration of the interim measure provided for in Article 76b, it shall then enable the debtor to collect the items necessary for the pursuit of his business or profession.
(3) If the debtor is not present in the enforcement of the judgment, the court shall, at its request, give him the opportunity, within the time limit referred to in Article 76b (4), to take the cases referred to in paragraph 2 from the common residence. This right shall be notified by the court of the debtor by a notice left on the door of the common residence.
(4) The court which ordered the interim measure shall be responsible for the enforcement of the decision referred to in paragraph 1. ';
EFFECTIVE
This Act shall take effect on 1 January 2007.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 135 / 2006 Coll., amending certain laws in the field of protection against domestic violence |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.2006 |
|---|---|
| Effective from | 01.01.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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