Domestic violence is one of the most serious and sensitive social and legal issues. Beyond leaving deep consequences for the victim and their family, it constitutes a criminal offense strictly sanctioned under the laws of the Republic of Serbia, with clearly defined mechanisms for victim support and protection. This article outlines the legal framework for protection, types of violence, procedures before competent authorities, and mechanisms for safeguarding victims.
Contents:
- WHAT CONSTITUTES DOMESTIC VIOLENCE?
- LEGAL FRAMEWORK AND COMPETENT AUTHORITIES
- EMERGENCY PROTECTION MEASURES
- FAMILY LAW PROTECTION MEASURES
- CRIMINAL PROCEDURE AND SANCTIONS
- VICTIMS’ RIGHTS AND SUPPORT
- THE ROLE OF LAWYERS IN DOMESTIC VIOLENCE CASES
- FREQUENTLY ASKED QUESTIONS
- CONCLUSION
1. WHAT CONSTITUTES DOMESTIC VIOLENCE?
According to the Criminal Code, domestic violence occurs when a person, through the use of violence, threats of physical harm, or reckless and brazen behavior, endangers the peace, physical integrity, or mental well-being of a family member.
Protection of Physical and Mental Integrity of the Victim
The Law on Prevention of Domestic Violence protects the physical and mental integrity of every family member. Physical integrity violations include any bodily harm, while mental integrity violations encompass psychological abuse—fear, humiliation, emotional control, and prolonged psychological harassment. During legal proceedings, a court may order psychological or psychiatric evaluation to determine the effects of violence and the degree of risk to the victim’s mental health. This highlights that domestic violence is not only physical but also involves emotional endangerment of the dignity and safety of family members.
Most common forms of domestic violence include:
- Physical violence (hitting, pushing, inflicting bodily harm)
- Psychological violence (insults, threats, intimidation, control)
- Economic violence (denying financial resources, restricting access to property or income)
- Sexual violence (forcing unwanted sexual acts)
- Stalking and monitoring via modern technology
2. LEGAL FRAMEWORK AND COMPETENT AUTHORITIES
Protection from domestic violence in Serbia is based on several legal provisions designed to provide rapid and effective protection to victims.
- Criminal Code – recognizes domestic violence as a separate criminal offense, punishable by imprisonment.
- Law on Prevention of Domestic Violence – introduces emergency protection measures (removal of the perpetrator from the home, prohibition of approaching or contacting the victim, temporary prohibition on carrying weapons, etc.).
- Family Law – allows the victim to seek protection through special judicial procedures and temporary measures.
3. WHO CAN BE A VICTIM OF DOMESTIC VIOLENCE?
A victim of domestic violence can be any person currently or previously in a family or partnership relationship with the perpetrator, including:
- A person in a current or former marital, cohabiting, or partnership relationship with the perpetrator
- A person related by blood in a direct line or up to the second degree in a collateral line
- A person related by marriage up to the second degree
- Adoptive parents, adoptees, foster children, or foster parents
- Any other person living or having lived in the same household with the perpetrator
This broad definition aims to ensure full legal protection not only for spouses or children but also for anyone sharing family or life ties with the perpetrator, who may consequently be exposed to violence.
4. EMERGENCY PROTECTION MEASURES
Emergency protection measures are temporary actions implemented to immediately prevent further violence and ensure the safety of victims, especially those in immediate danger. The Law on Prevention of Domestic Violence prescribes two types of emergency measures:
- Temporary removal of the perpetrator from the home, regardless of ownership or rental rights
- Temporary prohibition for the perpetrator to contact or approach the victim
Issuing Emergency Measures
Police may impose both emergency measures on the spot upon learning of the violence. The order is delivered to the perpetrator, and if they refuse, an official note is made, which constitutes proper service of the order.
Notification of Authorities
The responsible police officer immediately sends copies of the order to:
- The Basic Public Prosecutor in the area of the victim’s residence
- The Social Welfare Center
- The Coordination and Cooperation Group
The victim is simultaneously informed in writing of the imposed emergency measure.
Role of the Public Prosecutor and Court
Upon receiving notification and risk assessment, the Basic Public Prosecutor reviews the submitted data and evaluates the police assessment. If there is immediate danger, the prosecutor must submit a proposal to the court within 24 hours to extend the emergency measure.
Risk Assessment in Domestic Violence Cases
Each domestic violence report triggers a risk assessment by police and social services to determine the potential danger or recurrence. The assessment considers prior reports, perpetrator behavior, weapon possession, substance abuse, and the victim’s emotional state. Based on gathered information, a risk level—low, medium, or high—is assigned and submitted to the prosecutor. If there is immediate danger, the prosecutor must propose the issuance or extension of emergency protection without delay.
The court in the victim’s area decides on the proposal. A single judge issues a decision without a hearing, within 24 hours of receiving the proposal.
5. FAMILY LAW PROTECTION MEASURES
Against a family member committing violence, the court may impose one or more protective measures for up to one year, extendable as long as the reasons for protection persist.
Implementation and Monitoring
Protective measures are imposed by the court upon the proposal of the prosecutor, social welfare center, or the victim. They aim to immediately prevent violence and ensure family members’ safety. Police and social welfare centers monitor compliance, including prohibitions on approaching, harassing, or contacting the victim. Violations may result in detention or new criminal proceedings.
Possible measures include:
- Eviction from the family home, regardless of ownership or rental rights
- Reentry to the family home, regardless of ownership or rental rights
- Prohibition of approaching the family member within a certain distance
- Restriction from areas surrounding the victim’s residence or workplace
- Prohibition of further harassment
6. CRIMINAL PROCEDURE AND SANCTIONS
Domestic violence offenses are punished according to the severity of consequences and circumstances. Sanctions include fines and imprisonment, with severe cases carrying long-term sentences.
Penalties under the Criminal Code:
- Basic form – imprisonment from 3 months to 3 years
- Use of weapons or dangerous means – imprisonment from 6 months to 5 years
- Severe consequences or violence against minors – imprisonment from 2 to 10 years
- Death of a family member – imprisonment from 5 to 15 years; if the victim is a minor, at least 10 years
- Violation of protection measures – imprisonment from 3 months to 3 years and fines
Victims may file a criminal complaint, but often the procedure is initiated by the public prosecutor ex officio upon learning of the offense.
7. VICTIMS’ RIGHTS AND SUPPORT
Victims of domestic violence have the right to:
- Support from social welfare centers
- Protection and safe accommodation in shelters
- Psychological and medical assistance
Reporting violence is both a right and a civic duty. Anyone aware of domestic violence is obliged to report it to authorities.
Reports can be made via: 192 (police) or 0800 100 600 (domestic violence SOS line).
8. THE ROLE OF LAWYERS IN DOMESTIC VIOLENCE CASES
Legal assistance can be crucial. Lawyers can:
- Help submit proposals for protective measures
- Represent victims in court
- Ensure proceedings are conducted efficiently
- Advise on all legal options and rights
Timely legal protection is often key to the safety and future of the victim.
9. STATISTICS AND PRACTICE IN SERBIA
According to the Ministry of Justice and Ministry of Internal Affairs, tens of thousands of domestic violence cases are reported annually. In 2024, over 27,000 reports were recorded, with emergency measures frequently applied.
Women are the primary victims (>70%), while perpetrators are usually spouses or partners. Many cases remain unreported due to fear, economic dependence, or mistrust of institutions.
Courts generally act swiftly on protective measure proposals, and prosecutors must respond promptly. However, repeat cases indicate that the protection system is not yet fully effective, requiring continuous institutional cooperation.
10. FREQUENTLY ASKED QUESTIONS
1. Does violence have to be proven by physical injuries?
No. Domestic violence exists even without visible injuries. Psychological and economic abuse are also covered by law.
2. Can the perpetrator return home?
If the court imposes removal, the perpetrator cannot return until the measure expires. Violation carries criminal liability and may result in imprisonment.
3. Can the victim claim compensation?
Yes. Victims may file civil lawsuits for material and non-material damages, e.g., medical costs, pain, fear, mental suffering, or damage to dignity.
4. What if the violence has lasted for years but was not reported?
Long-term or repeated violence is harder to prove but should still be reported. Courts consider all evidence: medical records, witness statements, messages, photos, and even children’s testimony.
5. What if the perpetrator violates protection measures?
Violation of emergency or court-imposed protective measures is a criminal offense, punishable by imprisonment.
6. Is domestic violence a separate criminal offense?
Yes. Defined under Article 194 of the Serbian Criminal Code, it falls under crimes against marriage and family. Severe penalties apply depending on consequences and circumstances.
7. What is the role of state authorities in protection?
Police, prosecutors, and social services coordinate through “Coordination and Cooperation Groups” to decide on measures and monitor cases. Ministries implement education, supervision, and prevention programs.
8. How are women, the most vulnerable group, protected?
Women, the primary victims, are protected via Istanbul Convention measures: SOS lines, shelters, free legal aid, and gender equality laws ensuring prevention and additional safeguards.
9. What is the difference between violence and abuse?
Abuse is broader, including prolonged psychological, emotional, sexual, or economic harm. Violence narrowly refers to actions directly threatening physical or mental integrity.
10. What information is the victim entitled to during proceedings?
Victims must be informed at every stage about rights, case progress, and protection measures. Authorities must provide clear information, including shelter and legal aid contacts.
11. Which criminal acts are related to domestic violence?
Related offenses include child abuse, neglect, non-support, endangerment, and stalking. Prosecutors may pursue multiple offenses simultaneously for full protection.
12. Does the state provide special support and prevention programs?
Yes. Programs include training for police and social workers, awareness campaigns, and specialized state centers offering free psychological and legal support.
13. Where can victims find verified information about help?
Official information is available on the Ministry of Justice and Labor websites and local social welfare centers. SOS line: 0800 100 600, police: 192. Specialized law firms also provide detailed guidance.
11. CONCLUSION
Domestic violence is a serious social and legal problem requiring swift and effective response. Serbia’s legal framework offers comprehensive protection mechanisms, but timely reporting and active involvement of all relevant institutions are crucial.
Our law firm provides legal representation and protection for those affected by domestic violence, whether regarding emergency measures, civil claims, or criminal proceedings.
Note: This article is for informational purposes only and does not constitute legal advice or pertain to specific cases. For legal assistance regarding domestic violence protection measures, contact us with confidence.
