Domestic violence, which includes both physical and psychological abuse between relatives or family members, is a very common occurrence in society. Violation of fundamental human rights includes the right to life, safety, dignity, and protection from physical and psychological harm. We are all responsible for preventing this, and it is especially important that victims of violence do not remain silent or side with the bully.

Domestic violence happens to anyone, regardless of their socioeconomic status, gender, age, ethnicity, or other circumstances. Violence is an abuse of social and economic power, the need to dominate and control another person.

The Family Violence Prevention Act (ZPND) is the law that defines domestic violence. Domestic violence is defined in Article 3 of the ZPND Act as any use of physical, sexual, psychological, or economic violence by one family member against another family member, regardless of the victim’s or offender’s age, gender, or any other personal circumstances, and corporal punishment of children.

Article 2 of the ZPND states the following as a family member:

  • spouse or cohabiting partner,
  • relative in the ascending line,
  • collateral relatives up to the fourth degree,
  • relatives by marriage in the ascending line,
  • relatives by marriage in the lateral line up to the second degree,
  • adoptive parent and adoptee,
  • foster parent and child placed in a foster family,
  • guardian and protégé,
  • persons who have a child together,
  • persons living in a common household,
  • persons who are in a partnership, regardless of whether they live in a common household.

1. DOMESTIC VIOLENCE AS AN OFFENCE

Article 6 of the Law on the Protection of Public Order and Peace (ZJRM-1) [1] defines as an offence the execution of violent and daring behaviour, which, however, includes a qualified form in the fourth paragraph of this article when it comes to prohibited behaviour within the family or against relatives, and for which a higher fine is also at risk.

The forms of enforcement of this offense are covered in the first paragraph of this article, namely:

  • provocation,
  • encouragement to fight,
  • conduct in a bold, violent, rude, offensive and similar manner,
  • pursuit of another.

In addition to these methods of execution, hitting another person and beating are mentioned as special methods of execution in the second and third paragraphs. An offence means that the offender causes another to feel hurt, afraid, threatened or humiliated. [2]

The last paragraph of this Article lists persons against whom an offence must be committed. Unlike ZPND, ZJRM-1 does not recognise blood relatives in the lateral line up to the third degree, relatives by marriage up to the second degree, or persons who have a child together as family members.

A fine is the primary punishment for violent and bold behaviour. According to Article 6 of the ZJRM-1, the violator is fined between 60,000 (251 EUR) and 120,000 (502 EUR) tolars. If the offence is committed against a spouse, common-law partner, or partner in a registered same-sex partnership, ex-spouse or common-law partner, blood relative in the ascending line, adopter, adoptee, foster parent, guardian, or against a protégé of this person, or against a person who lives with the offender in the same household, the offender faces a fine ranging from 150,000 (627 EUR) to 300,000 (1255 EUR) tolars. [3]

2. DOMESTIC VIOLENCE AS A CRIMINAL OFFENCE

191 KZ-1 does not specify against whom a criminal offence may be committed. It does not mention kinship ties, unlike Article 6 of the ZJRM-1, but only a family or more permanent life community. However, the termination of the victim’s personal relationship with the offender has no effect on the existence of the crime or the offence.

The first paragraph of 191. KZ-1 defines possible ways of committing a criminal offence:

  • ill-treatment,
  • beating or other painful or degrading treatment,
  • persecution from a common residence or restriction of freedom of movement, with the simultaneous threat of a direct attack on life and the body,
  • stalking,
  • compulsion to work or to leave work,
  • putting others in a subordinate position in the community by violently restricting equal rights.

A prison sentence of up to five years is threatened if the act is committed against someone with whom the offender lives in a family or other more permanent living community. However, the third paragraph of 191. KZ-1 threatens a prison sentence of up to three years if the act is committed against a person with whom the offender lived in a family or other more permanent life community that has broken up, and the act is connected to it. Domestic violence is a crime that is prosecuted ex officio.

Article 19 of the ZPND allows the victim to request that the court impose a specific ban on the offender of violence as a result of violent acts. Prohibitions include, in particular, the prohibition to stay near the apartment, enter the apartment, stay in a specific area near the apartment, make contact with the victim, and so on.

The court may impose a measure for up to 12 months. The victim can then make a proposal to extend the duration of the imposed measure before the period for which it was imposed expires. The court may extend the measure’s duration several times, up to a maximum of 12 months.

The procedures are necessary and prioritised because their purpose is to ensure the victim’s safety.

[1] Public Order and Peace Protection Act (ZJRM-1), Official Gazette of the Republic of Slovenia, 70/2006

[2] Lilijana Selinšek; PRAVNA PRAKSA, časopis za pravna vprašanja – 29.1.2009, p. 19

[3] Public Order and Peace Protection Act (ZJRM-1), Official Gazette of the Republic of Slovenia, 70/2006