Poland. Domestic violence and sexual violence by partner or husband - Labirint
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Poland. Domestic violence and sexual violence by partner or husband

    Poland. Domestic violence and sexual violence by partner or husband

    We have collected instructions, recommendations and contacts, which can help you in the chosen country and situation

    01. Call the Police

    What should I do if I am in danger and need emergency help?

    Call 112, this is the general emergency number. It can be dialed in case of danger, regardless of what happened to you. The number works even if your phone balance runs out of funds.

    You can also call the police by dialing 997.

    Do I need documents to call the police?

    No, the police are obliged to help you even if you do not have documents with you, including those confirming registration.

    If I have any migration issues (e.g., visa overstay), is it safe for me to call to the police?

    If you have problems with your visa or immigration status, there is a risk of getting into trouble. Although they may not arise — a lot depends on the police officer. If you have violated the rules of staying in the country and your life is not in danger right now, it is better to contact not the police, but the support center for survivors of domestic and sexualized violence (below is a list of such organizations).

    Can I say that I am a survivor of domestic violence?

    Yes, you can tell them. However, there are still a lot of taboos around domestic violence. Therefore, sometimes there is a risk of mistrust or incorrect questions from the police.

    However, if they discover domestic violence, they can initiate a “blue card” procedure. This is a special process when all the circumstances and evidence of violence are documented, and the survivor and her relatives are provided with comprehensive assistance, including psychological, and security measures.

    The Police, the Committee for Solving Alcohol Problems, educational, healthcare and social welfare institutions, may initiate it.

    How long will it take the police to come?

    It depends. It may vary from 15 minutes to 1 hour. 

    What should I do if police do not come?

    Repeat the call to the police and keep calling explaining that you are in danger.

    Are there any restraining orders, which forbid aggressor to contact the survivor?

    According to new legal provisions, which entered into force in 2020 if a person has committed physical violence that threatens the health or life of family members, he is obliged to leave the house where this family lives immediately. This person can also be banned from getting close to home. If the fact of violence is confirmed, the Police enforce sanctions immediately and court has to deal with the case immediately.

    According to the new law, the police are getting new powers. A police officer intervening evaluates whether the perpetrator of domestic violence threatens health or lives of household members. If there is such a risk, the police officer will give the perpetrator a binding order to move out immediately. This person will be allowed to take necessities with him. This order is mandatory.

    The order is enforced, also by necessary coercive measures, even if the perpetrator declares that he has nowhere to go. The policeman will advise this person of places offering overnight accommodation, such as homeless shelters.  Also, the policeman is authorized to give the perpetrator a restraining order requiring him to stay away from the home and its direct surroundings.

    Such an order to leave the apartment and the restraining order given by the police are effective for two weeks but may be prolonged by a court at the survivor’s request.

    The new law provides for judicial control over the application of new measures. In justified cases, courts are able to consider complaints from perpetrators and cancel such orders, though survivors will retain their right to re-apply for the orders.

    What can i do if the perpetrator violates the order?

    The police has a duty to make routine checks whether the perpetrator complies with the sanction. If not, the police will have the right to use coercive measures to enforce the order. In addition, the perpetrator will risk being put under arrest, restriction of freedom or a fine.

    Legislation punishing perpetrator?

    Usually, in the case of domestic violence, Article 207 of the Polish Criminal Code applies:

    Art. 207. § 1. Anyone who mentally or physically mistreats a significant other, or a person in a permanent or temporary state of dependence to the offender, is liable to imprisonment for between 3 months and 5 years. 

    §1a. Causing physical or mental suffering to an insane person due to his age, mental or physical condition*, is liable to imprisonment for between 6 months and 8 years.

    § 2. If the act specified in §1 or §1a is carried out with particular cruelty, the offender is liable to imprisonment for between one and 10 years. 

    § 3. If the act specified in § 1 or §2 results in a suicide attempt by the afflicted party, the offender is liable to imprisonment for between 2 and 12 years.

    *According to the Resolution of the Supreme Court of Poland of June 9, 1976, VI KZP 13/75 osoba nieporadna — people who do not have the opportunity to independently decide their fate and change their position

    02. Get medical help

    How to get medical help?

    You can call an ambulance by dialing 999.

    Do I need money/documents/being registered in the country to get medical help?

    Ukrainians (with Ukrainian passports) do not need special documents. In Poland, a separate program for the provision of medical care covers citizens of Ukraine.

    If you do not have Ukrainian citizenship, then you need medical insurance and an employment document. Without them, you can only get an emergency medical care.

    If I have migration issues (e.g., visa overstay), is it safe for me to ask for medical help?

    Unfortunately, there is a risk that an administrative case will be initiated against you. However, this risk is less that with the police.

    What should I say to medical staff?

    Try to explain the situation as clearly and in detail as possible, tell what injuries you received and what pain you have in your body.

    If medical staff suspects that I am a survivor of crime, do they have to report to the police?

    Yes. If medical staff suspect that you have suffered domestic violence or other illegal activities, they should immediately report this to the police or the prosecutor.

    03. Get in touch with a helping organization

    Which organizations can help?

    Feminoteka — this organization provides legal, psychological and medical assistance to women survivors of violence.

    Centrum Praw Kobiet — here they provide psychological, legal and social assistance, as well as provide financial advice.

    Federa — this organization fights for reproductive rights for women. You can go here for family planning or reproductive health issues.

    Did our instructions help?

    When compiling the instructions, we relied on the help of volunteers and lawyers from different countries. If something went wrong — the organization didn’t respond to you, you found a bug or the instructions weren’t precise enough — tell us about it. Email us at: help@labirint.online

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