Law on Prevention of Domestic Violence
The law governs prevention of domestic violence, assessment of immediate danger and emergency protection measures. It sets roles for police, prosecutors, courts and social services in protecting and supporting victims, distinguishing emergency measures from other proceedings.
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Protection against domestic violence
Serbia’s Domestic Violence Prevention Law governs identification of imminent danger, emergency protection and cooperation between institutions. It covers physical, sexual, psychological and economic violence within the relationships defined by the law, including current or former partners and a shared household. Authorities need not wait for a threat to become an assault or for a final criminal conviction before assessing danger.
Report violence or imminent danger to the police or public prosecutor. Police risk assessment considers previous violence, threats, weapons and other circumstances, including the victim’s fear. Describe the incidents, who is at risk and what may happen next. Existing messages, medical records or earlier decisions may help. Obtaining new evidence should not delay protection or expose someone to greater danger.
When statutory conditions are met, the authorised police officer may order temporary removal of the perpetrator from the home and a temporary prohibition on contact and approach. A police measure lasts 48 hours from service of the order. At the prosecutor’s request, a court may extend it for another 30 days; extension is not automatic. Check the precise prohibition and its expiry, and report violations to the police. Emergency protection does not itself determine divorce, parental rights, property division or criminal liability.
The coordination and cooperation group links prosecution, police and the social work centre. Following an assessment establishing imminent danger, it prepares an individual protection and support plan. The victim participates if they wish and their condition permits. For example, threats by a former partner may require connecting the immediate prohibition with support and children’s needs, rather than relying only on its duration. At first contact, institutions must explain available protection in an understandable way. Free legal assistance is provided under the separate governing law.
The law has applied since 1 June 2017. The verified current citation is Official Gazette 94/2016 and 10/2023 through another law. A proposal or consultation does not by itself change the legislation in force.
Avangarda’s informative overview uses editorial, not official, translations. For an individual case, check the current legislation and seek qualified legal help where necessary.
What is this for?
Explains risk assessment, emergency measures and institutional cooperation.
Who can use it?
Victims, people at risk, police, prosecutors, courts and social services.
When should it be used?
For immediate danger and urgent protective intervention.