Tytuły egzekucyjne wobec sprawcy przemocy domowej wydane w postępowaniu nieprocesowym i zabezpieczającym

On the basis of the act of 30 March 2020 on amendments to the Civil Procedure Code and certain other acts, proceedings to isolate a perpetrator from a victim of domestic abuse were introduced. The purpose of this article is to analyse enforceable titles issued against a perpetrator of domestic abuse, i.e.: a ruling on the essence of a case issued in non-contentious proceedings on the basis of Art. 560(7) § 1 of the Civil Procedure Code, and a ruling on interim relief issued on the basis of Art. 755(2) of the Civil Procedure Code or Art. 755 of the Civil Procedure Code (although in the case of interim relief proceedings, it is more relevant to use the name: interim relief title). The interim relief title is enforceable like the enforceable title. Rulings issued in non-contentious and interim relief proceedings become effective and enforceable immediately by a bailiff through court execution (Art. 560(7) § 2 of the Civil Procedure Code, Art. 360 of the Civil Procedure Code in conjunction with Art. 13 § 2 of the Civil Procedure Code). The obligation imposed on a perpetrator of domestic abuse to leave the flat (issued on the basis of Art. 11a of the act on domestic abuse) is governed by regulations on the execution of an obligation to empty the premises used for the debtor’s residential purposes (Art. 1046 of the Civil Procedure Code in conjunction with Art. 11a.5 of the act on domestic abuse and Art. 17 of the act on the protection of occupants). In turn, to meet a prohibition of approaching and a prohibition of contacting a victim of domestic abuse, and a prohibition of entering specific premises (Art. 11a of the act on domestic abuse), the regulations concerning the execution of non-substitutable activities (Art. 1050 of the Civil Procedure Code) apply. Keywords: enforceable title, proceedings in relation to domestic violence, non-contentious proceeding, interim relief proceedings