If the further cohabitation of persons in the house or flat in which their household is situated becomes intolerable for one of them because they or another person living in the household suffers from domestic violence (physical or psychological), a court – acting on an application from the person concerned – may restrict or exclude the abuser’s right to live in the house or flat for a designated time.
The court, acting in conjunction with the competent public authorities, expels the abuser from the family home and removes keys to the family home that are in the abuser’s possession. Where appropriate, it bans the abuser from meeting or otherwise contacting a named person. The court also gives the abuser the opportunity, at the moment the court order is enforced, to collect personal valuables, documents and effects from the family home. Over the duration of the court order, the court may then let the abuser collect the items necessary for their business or occupation and, where appropriate, any other items that are necessary for other compelling reasons.
A court may order a person’s right to live in a house or flat to be restricted or excluded for a maximum of 6 months. If petitioned, the court will issue a further order if there are particularly compelling reasons to do so.
All persons sharing a household may claim this right to protection. In other words, the law protects people from domestic violence whether they are married, registered partners, an unmarried couple or otherwise cohabiting.