Please note: This page is an English translation of information originally written for clients in Bulgaria. If you are a foreign citizen or live abroad, additional considerations may apply to your case, such as signing documents from abroad, granting a power of attorney, travelling to Bulgaria or complying with specific legal requirements and deadlines. Feel free to contact me to discuss your situation and find out what applies to you.

Domestic violence lawyer in Bulgaria – protection order

“My husband follows me all the time, even when I am at work. He comes there and makes scenes. He thinks I have many lovers, and when I come home in the evening, he torments me. What should I do?” This is the story of a woman who came to me as a domestic violence lawyer in Plovdiv and who really was being abused by her husband. I say “really” because domestic violence cases are very often abused and used in bad faith for alleged violence. More on the subject in Protection against domestic violence (in Bulgarian).

What is domestic violence?

There are still people who think that domestic violence is only physical abuse. Of course, that is not the case. Under the Protection against Domestic Violence Act, domestic violence is any act of physical, sexual, psychological or economic violence, as well as an attempt at such violence, the forcible restriction of private life, personal freedom and personal rights, committed against persons who are related, who are or have been in a family relationship, in de facto cohabitation or in an intimate relationship.

Who can seek protection from domestic violence?

Protection can be sought by any person who has suffered domestic violence committed by:

  • a spouse or former spouse;
  • a person with whom they are or have been in de facto cohabitation or in an intimate relationship;
  • a person with whom they have a child;
  • an ascendant or a descendant (a relative in the direct line);
  • a collateral relative up to and including the fourth degree;
  • a person with whom they are or have been related by marriage up to and including the third degree;
  • a guardian, a curator or a person who has been given the care of the child or to whom the child has been entrusted.

Domestic violence lawyer in Plovdiv: what protection the court gives

Lawyers in Plovdiv – protecting children in cases of domestic violence

With a protection order, the court can:

  • oblige the perpetrator to refrain from violence;
  • remove them from the shared home;
  • prohibit them from approaching the victim, the victim’s home and place of work;
  • temporarily decide who the child will live with;
  • oblige them to attend a specialised programme.

Time limits: the application is filed within three months of the act of violence, and if this is objectively impossible – no later than six months. When there is a direct danger to the life or health of the victim, the court issues an emergency protection order within 24 hours of receiving the application.

What is an emergency protection order and how do you get one?

It is issued when there is a danger to the life or health of the victim. The court rules within 24 hours of the application, without summoning the other party, and the order is enforced immediately. It remains in force until the court decides the case on the merits.

Frequently asked questions

Can I get a protection order if I have no witnesses?

Yes, you can. The court assesses all the evidence – a medical certificate, messages, photos, recordings and the account of the victim themselves. The lack of witnesses does not mean that the application will be rejected.

Lawyers in Plovdiv – protection against threats and abuse from a former partner

My ex threatens me, but we no longer live together. Can I ask for protection?

Yes. Former spouses and people in an intimate relationship can also seek protection, even if they do not live together.

What should I do if the protection order is not complied with?

Call 112 immediately. Failure to comply with a protection order is a crime, not just a minor offence.

A domestic violence application has been filed against me so that my child will be taken from me. How do I defend myself?

You have the right to present your own evidence and witnesses and to challenge the allegations. An emergency protection order is a temporary measure, and the decision on the merits comes after the court has heard both parties. A domestic violence case does not finally decide who the child will live with.

If you have suffered domestic violence or an application has been filed against you, look for a domestic violence lawyer in Plovdiv right away – the time limits are short and the case moves quickly.

Related articles (in Bulgarian)

See also: Divorce Lawyer in Bulgaria – Plovdiv and Sofia.

You can read more articles (in Bulgarian) on my blog or on the News page of www.advokatdimitrov.com.

Rosen Dimitrov – lawyer in Plovdiv and Sofia, Bulgaria

Do you have a similar case?

I am Rosen Dimitrov, Attorney-at-Law – member of the Plovdiv Bar Association and PhD candidate in civil and family law at the Institute for the State and Law of the Bulgarian Academy of Sciences. Together with my team, I handle cases in Plovdiv, Sofia and throughout the country.

Call or write to me, tell me briefly about your case and we will assess how to proceed. We can meet at the office in Plovdiv or Sofia, or online if needed.

Plovdiv, 2 Nikola Voyvodov Str., floor 1 · Sofia, 66 Vitosha Blvd., floor 4