This page provides answers to questions frequently asked by victims of domestic violence and by persons assisting them.

Questions

1. How will the police speak to me about a domestic violence incident?
2. Do I have any rights in a police procedure as a victim?
3. Will the police come if I call in the middle of the night or on a holiday, or if they are too busy with other commitments?
4. What evidence should I submit to the police? What am I supposed to do?
5. When will the perpetrator learn about my report?
6. What will the police do with my report?
7. I remembered something important that I forgot to mention when I made the report. Can I add this information to the report? How do I do that?
8. Who should give me information on the status of my case?
9. What is the difference between a criminal complaint and a police report submitted to the State Prosecutor's Office?
10. Can I withdraw the report I filed with the police? What happens if I do that?

Answers 

1. How will the police speak to me about a domestic violence incident?

   
   When you attend a police station to report an incident, a police officer will ask you some questions to determine who will speak to you about the incident. This is usually a police officer having experience of domestic violence cases. The police realise that talking about what happened to you can be distressing, so you can say you prefer to tell everything you intend first. You can ask for a break, a glass of water, and similar at any time. You may ask the police officer for his name. It is vital that you tell him about your needs. The officer will listen to you and make a record of what you say (using a notepad or a computer). He will ask further questions where appropriate. Since domestic violence is closely related to your private and family life, it is important you know the police officer may ask you questions concerning your life (e.g. your children, health, lifestyle, feelings, any criminal record, diseases, family history, sex, abuse of power and control in family, etc.). You may want to have notes to help you organise your ideas. You may ask for a copy of the record if drawn up in your presence; it will be signed by both the police officer and you. Normally, an interview will be held in a separate office to ensure privacy. You will be able to speak to an officer of the same sex if you wish. The police officer will also give you advice. If there is anything unclear, please feel free to ask. You may want to write down relevant information given by the officer or ask him to do that for you. The officer might contact you later to ask further questions if necessary. It is important you are willing to cooperate.
    

2. Do I have any rights in a police procedure as a victim?

   
   Yes. There are a number of rights you can exercise as a victim. You have the right to be informed of the course of the procedure and of your role in the police investigation, the right to receive a copy of a police record of your crime report, the right to lodge an indemnification claim petition against the perpetrator, the right to appeal, the right to use your mother tongue or a language you understand, the right to claim state compensation for victims of violent crime (if you are an EU citizen and the crime was committed in the EU). You also have the right to the following: legal assistance of a counsel, support of a person you trust who may escort and assist you in relevant procedures, information on available options (e.g. measures provided for by the Domestic Violence Prevention Act), on resources and support available to victims of domestic violence, and on governmental and non-governmental agencies providing victim support. You may request to be notified of the commencement and completion of police investigation and to receive such notification at a specified address. You should always be treated with dignity and respect.

3.  Will the police come if I call in the middle of the night or on a holiday, or if they are too busy with other commitments?

   
   The police take all crime seriously. You can report a violent incident at any time, the police will always respond to your call and take you and your case seriously.

4.  What evidence should I submit to the police? What am I supposed to do?

   
   The police are responsible for collecting evidence about violence. You can help by giving comprehensive information on all violent incidents. It is important you tell your story because it will serve as a basis of your case. The police will make a record of your statement and ask further questions to facilitate the collection and securing of evidence. If you believe an item, a record or a text message might serve as a piece of evidence, do not hesitate to tell that to the police. Further, give details of any other witnesses who might have any information about the incidents. Help the police to help you. Provide as much information as you can about the abuse and show your willingness to cooperate.
    

5. When will the perpetrator learn about my report?

   
   He will be informed of your report during a police investigation, normally at the end of the investigation. It is a good idea to plan how you can protect yourself. A local social work centre or relevant NGOs can help you make your personal safety plan.

6. What will the police do with my report?

   
   The police will send a case file (i.e. your report, the information and evidence collected and a record of measures carried out by the police) to the District State Prosecutor's Office who will decide how to proceed. Should the police, based on your report, establish a minor offence was committed, they will impose a fine on the perpetrator.

7. I remembered something important that I forgot to mention when I made the report. Can I add this information to the report? How do I do that?

   
   Of course. We suggest that you call the police officer dealing with your case and tell him or her the new facts. If he or she is not available (is absent or off duty), arrange with the officer on duty when you can come to the police station. If your information is urgent and you are in danger, call 113 immediately!

8. Who should give me information on the status of my case?

   
   If the case if still investigated by the police, information should be provided by a police officer. If the police have already sent a case file to a state prosecutor, information should only be given by the State Prosecutor's Office, and if the case is already prosecuted in court, information should be given by the court.

9. What is the difference between a criminal complaint and a police report submitted to the State Prosecutor's Office?

   
   A criminal complaint means that the police gathered enough evidence through investigation to confirm a criminal offence was committed. In contrast, a report is an account of an incident and might not include enough evidence to confirm a criminal offence was committed. However, a state prosecutor may ask the police to make further investigations if he believes extra information is needed to complement the report. The state prosecutor considers any account of an incident, drawn up either as a criminal complaint or as a police report, a receipt of a criminal complaint and decides on further action on a case-by-case basis.

10. Can I withdraw the report I filed with the police? What happens if I do that?

    
    Domestic violence is a criminal offence that is prosecuted ex officio. This means that the national law enforcement authority initiates and conducts criminal prosecution by itself, irrespective of the will of the victim. The public prosecutor is obliged to initiate criminal prosecution if there are reasonable grounds to suspect that a criminal offence prosecuted ex officio has been committed, and to continue to prosecute it for as long as the factual and legal conditions for doing so are met.

    It is therefore not possible to withdraw a report of a criminal offence that is prosecuted ex officio. A report can only be withdrawn in the case of an offence that is prosecuted upon a motion of the victim. Criminal offences fall into three categories, namely:

    • offences whose perpetrators are prosecuted ex officio,
    • offences whose perpetrators are prosecuted ex officio but upon a motion of the victim (i.e. they are prosecuted only if the victim submits a motion)
    • offences whose perpetrators are prosecuted under a private action.

    
    When domestic violence occurs, the police must therefore investigate it, irrespective of the will of the victim, because this is the only way to protect the victim's physical and mental integrity, honour and good name, and to ensure freedom of movement and the fundamental right to a safe life.

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