Czech Senate approves new legal definition of domestic violence

The Czech Senate approved two significant pieces of legislation last week, both aimed at enhancing the protection of vulnerable individuals, particularly women and children. These laws include a new domestic violence law and an amendment to the Public Defender of Rights Act.

Both legislative changes now only need to be approved by the Czech President before coming into law. They are slated to take effect from July 1, 2025.

The domestic violence law is particularly significant as it introduces a legal definition of domestic violence, a crucial step toward ensuring a consistent and clear approach to the issue in Czech law. Previously, the term lacked precise legal definition, making enforcement of related laws difficult.

The law marks a significant shift in the Czech legal system’s approach to domestic violence, making it more proactive in safeguarding victims. One of its key elements is the explicit definition of domestic violence, a move that clarifies what constitutes unacceptable behavior within relationships.

Under Czech law, domestic violence now includes physical, psychological, sexual, and economic violence, as well as controlling behavior. Victims can be partners, children, and parents or grandparents, regardless of whether they live with the perpetrator. Stalking and harassment after a relationship has ended are also now considered domestic violence under law.

"I am pleased that the Domestic Violence Act has passed the next stage of the legislative process, and that it should start helping victims from July this year," says Government Commissioner for Human Rights Klára Šimáčková Laurenčíková in a press release.

"The introduction of a definition of domestic violence will contribute to clarifying what we as a society consider unacceptable behavior in close relationships."

Another provision is an extended no-contact period for perpetrators, which will now last 14 days, up from the previous 10-day period. Additionally, the law mandates that authorities confiscate any firearms possessed by the aggressor at the time of their removal from the household, enhancing immediate safety for victims.

The legislation also includes provisions that require courts to take domestic violence into account when making decisions related to the division of marital property and child custody, ensuring that the well-being of children and non-offending spouses is prioritized.

Along with the domestic violence law, the Czech Senate also approved an amendment to the Public Defender of Rights Act, establishing the role of a child rights ombudsman. This position is designed to ensure that children’s rights are fully recognized and protected within the Czech legal framework.

The child rights ombudsman will investigate complaints, conduct research, and advocate for the well-being of children, particularly in areas such as child abuse, family welfare, mental health, and online safety.

The role will also involve educating children about their rights and guiding adults on how to safeguard these rights in daily life. The ombudsman will have the authority to intervene in legal proceedings to advocate for children’s rights and provide recommendations for policy improvements.