The Family Law adopted in 2005 (Official Gazette of the RS, No. 18/2005) established a system for legal family protection against domestic abuse:
- Strictly prohibiting domestic violence;
- Awarding family members right to protection against domestic abuse;
- Prescribing five legal domestic violence protection measures;
- Regulating particular litigation procedures for domestic violence protection.
Provisions of Article 198 of the Family Law prescribe protection measures against domestic violence (such as court orders to vacate the family apartment or house, regardless of the property right or lease; restraining orders for a family member; orders prohibiting access to the victimized family member's living or working premises; and court orders prohibiting further disturbance of the victimized family member).
The Family Law (Official Gazette of the RS No. 18/2005), defines domestic violence as behaviour which when conducted by one member of the family threatens physical integrity, mental health or well being of another member of the same family (Article 197) and prescribes protection measures the courts must adopt during a special procedure (Article 198) as well as the existence of specialized court councils (Article 203).
Source of Information
Response of the Government of Serbia to the questionnaire on violence against women, March 2009