Domestic violence is one of the few areas of law where deadlines are measured in hours rather than days. An emergency measure imposed by the police lasts 48 hours. The court decides on its extension within 24 hours. What is done or missed in the first two days often determines the course of the entire proceeding.
The law office of Danilo Babic in Novi Sad represents clients in domestic violence protection proceedings and in criminal proceedings for the offence under Article 194 of the Criminal Code — both on the side of the injured party and in the defence of the accused.
Call the police on 192. For advice and support, the Vojvodina SOS helpline 0800 10 10 10 operates on weekdays from 10 a.m. to 8 p.m. and the call is free from all networks. Violence can also be reported to the nearest centre for social work and to the basic public prosecutor’s office. A lawyer is not the first call at the moment of danger — the first call is the police.
When violence occurs within a family, three proceedings may run at the same time, under three different laws. Protection in one does not mean protection in another.
The competent police officer may impose two emergency measures: temporary removal of the perpetrator from the dwelling and a temporary ban on contacting and approaching the victim (Article 17). A measure imposed by the police lasts 48 hours from service of the order (Article 21).
A motion for extension is filed with the basic court in whose territory the victim has residence or domicile. The court decides without a hearing, within 24 hours of receiving the motion (Article 19), and may extend the measure by a further 30 days (Article 21). Breaching an emergency measure is a misdemeanour punishable by up to 60 days’ imprisonment (Article 36).
Independently of emergency measures, a court in civil proceedings may order one or more protection measures under Article 198 of the Family Act:
A measure may last no longer than one year, with the possibility of extension for as long as the reasons for which it was ordered persist.
Domestic violence is a criminal offence under Article 194 of the Criminal Code. The prescribed penalties rise with the gravity of the offence:
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We help gather and organise evidence, draft the motion to extend an emergency measure and the claim for protection measures, and represent the injured party in criminal proceedings, including the civil claim for damages.
In practice, most cases are lost on evidence. A medical report is worth obtaining even when an injury seems insignificant, because it is the only dated record. Messages, calls and recordings should be kept in their original form, not as screenshots. Every report to the police stays on record and later serves to show that this is not a single incident but a pattern of behaviour.
A report of domestic violence does not mean a conviction. In practice there are also reports made in the heat of a marital conflict, in a dispute over custody of children or over the division of property, where it is later established that the elements of the offence are not met. These questions frequently overlap with family law.
The defence begins before the first questioning. A statement given without a lawyer is hard to correct later, and that is where the damage is most often done. We challenge the grounds for an emergency measure, conduct the defence in criminal proceedings and, where there is a basis for it, propose more lenient outcomes within the law.
Withdrawing the report does not stop the proceedings. Domestic violence is prosecuted ex officio — once the prosecutor’s office initiates proceedings, they continue regardless of whether the injured party still wants prosecution.
Danilo Babic Law Office, Cirpanova 1, Novi Sad. Telephone +381 69 49 55 986. Consultations are arranged by telephone or through the contact page.
A measure imposed by the police lasts 48 hours. The court may extend it by a further 30 days. A protection measure under the Family Act may last up to one year and may be extended for as long as the reasons for which it was ordered persist.
Breaching an emergency measure is a misdemeanour punishable by up to 60 days’ imprisonment. Breaching a protection measure ordered by a court is a separate criminal offence under Article 194(5) of the Criminal Code, punishable by imprisonment from 3 months to 3 years and a fine.
It does. Article 194 of the Criminal Code refers to endangering the peace of mind and mental state of a family member, not only to bodily injury. Proving it is more demanding and as a rule relies on correspondence, witnesses and medical documentation.
A statement of withdrawal can be given, but it does not discontinue the proceedings. Domestic violence is prosecuted ex officio, so once the prosecutor’s office initiates proceedings they continue regardless of the injured party’s wishes.
Fees are calculated under the Tariff on Attorneys’ Fees and Reimbursement of Costs. The likely range of costs is stated in advance at the first consultation.
The office is in Novi Sad, Cirpanova 1. We appear before courts in Novi Sad and the surrounding area, and further afield by arrangement.
