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Domestic violence in Bulgaria

Domestic violence is a grave issue in Bulgaria, and the COVID-19 lockdown has exacerbated the situation.

During the pandemic, cases of domestic violence against women surged worldwide as lockdowns confined people to their homes, often trapping victims with their abusers.

In some European countries, incidents of domestic violence rose by a third, prompting urgent calls for action.

Bulgaria, unfortunately, experienced an increase in domestic violence cases during the first half of 2021 compared to previous years.

Disturbingly, eight women were killed by their partners since the start of the state of emergency on March 13, and hotlines for reporting violence and seeking assistance received a significantly higher number of calls.

Despite this alarming trend, the country faces challenges in addressing the issue effectively.

Here are some key observations and recommendations:

  1. Insufficient Shelters: The number and capacity of shelters in Bulgaria remain small. Victims need safe spaces, and declaring shelters as essential services is crucial
  2. Data Collection: Bulgaria lacks a systematic mechanism for collecting statistical data related to violence against women, femicide, or gender-related killings. Establishing a specific body to collect administrative data on intimate partner femicide and family-related femicide is essential.
  3. Marital Rape: The problem of marital rape remains unaddressed. Explicitly including provisions related to marital rape in the Criminal Code is necessary.
  4. Legal Remedies: Combatting domestic violence doesn’t always require contacting the police. Civil and family courts offer remedies that can provide protection without resorting to criminal proceedings1.

Remember that domestic abuse affects not only immediate spouses or partners but also other family members and household members. If you’re suffering from abuse or harassment, seek help—there are resources available to support you during these difficult times.

Domestic violence in Bulgaria

Domestic abuse concerns itself not only with your immediate spouse or partner, but also wider members of your family and household.

If you are suffering abuse or harassment from someone who is not your partner or spouse, there are remedies available.

…. the signs of domestic violence:

  • Physical abuse, such as hitting, kicking, or shoving
  • Sexual abuse, such as forced sex or unwanted touching
  • Emotional abuse, such as name-calling, insults, or threats
  • Financial abuse, such as controlling your finances or preventing you from working

If you are experiencing any of these signs, it is important to get help.

Legal protection in domestic violence

Domestic violence can occur in a number of different ways. It can be physical or sexual abuse, but it can also be emotional, psychological or economic abuse, and some people have been exposed to it for so long that they do not even recognise it as abuse. Domestic violence can be perpetrated by both men and women.

The act of domestic violence is a type of illegal act and its consequences may have a different nature.

What is domestic violence ?

A domestic violence situation may lead to one or both parties seeking an intervention order.

These orders can become important in family law matters including parenting and property proceedings.

In some cases, where there have been findings made by a Magistrate in a contested intervention order proceeding, one or both parties may be prevented from re-agitating those issues in the Family Law Courts unless there is different or new evidence which might affect the initial findings.

If you are experiencing domestic violence in your relationship, there any many community organisations you can contact for help. Armstrong Legal provides a no-obligation initial appointment that is confidential.

Our family lawyers are sensitive to the issues surrounding domestic violence and assist victims of domestic violence, both male and female, on a regular basis.

We also have a team of criminal lawyers that can assist if required in respect of any intervention order proceedings.

A domestic violence situation may lead to one or both parties seeking an Order.

The orders should be delivered by police office.

These orders can become very important in family law matters including parenting and property proceedings. Our lawyers support drafting a claims for domestic violence.

Domestic Violence Protection Orders: What You Need to KnowDomestic violence in Bulgaria

Domestic violence protection orders (DVPOs) are court orders that can help to protect victims of domestic violence.

DVPOs can include a variety of provisions, such as prohibiting the abuser from contacting the victim, coming near the victim, or possessing firearms.

Here are some of the most common provisions of domestic violence in Bulgaria:

  • Removal of the abuser from the home. This provision can help to protect the victim from further abuse.
  • Prohibition of contact between the abuser and the victim. This provision can help to prevent the abuser from harassing or stalking the victim.
  • Restrictions on the abuser’s travel. This provision can help to prevent the abuser from coming near the victim’s home, workplace, or other places where the victim frequents.
  • Orders for the abuser to attend counseling or anger management classes. These orders can help to address the abuser’s underlying issues and prevent future violence.
  • Orders for the abuser to pay child support or alimony. These orders can help to ensure that the victim and any children are financially supported.

If you are a victim of domestic violence, you may be eligible for a DVPO.

To obtain a DVPO, you will need to file a petition with the court.

The petition will need to include information about the abuse you have experienced, such as the type of abuse, the frequency of the abuse, and the names of any witnesses.

The court will review your petition and hold a hearing.Domestic violence in Bulgaria

At the hearing, you will have the opportunity to testify about the abuse you have experienced. The abuser will also have the opportunity to testify.

If the court finds that you have been a victim of domestic violence, it will issue a DVPO.

The DVPO will be in effect for a specified period of time, such as one year.

The abuser will be required to obey the terms of the DVPO.

If the abuser violates the DVPO, you can file a contempt of court action.

If the abuser is found in contempt of court, they could be fined or imprisoned.

DVPOs can provide valuable protection to victims of domestic violence.

If you are a victim of domestic violence, I encourage you to contact the court to see if you are eligible for a DVPO.

If you have any questions related to domestic abuse, we want to hear from you.

Call our law office at + 359 897 90 43 91, confidential consultation with a Bulgarian domestic violence lawyer or contact us online.

Child Custody law

Most of the parents send us a legal inquiries for Child Custody law.

Getting the Child Custody rights is the worst possible option for the development of relations between the parents.

But these are also some of the most common family law cases, along with child Custody law.

The typical situation involving such a lawsuit is the termination of cohabitation of parents without marriage and lack of agreement

They need to clarify who will care for the child, how the visions with the other parent will be carried out and what maintenance will be paid for him.

If both parents are intelligent people who clearly understand the need for their child to have both a father and a motherChild Custody law

But human nature is fickle, relationships get worse, selfishness or jealousy take a backseat and things go to court.

What we offer as a family lawyer ?

Our legal advice to people who are divorced but on good terms is after the divorce, to visit a family lawyer and to reach an agreement.

This agreement should be signed or judicially approved to regulate the relationship as between parents and their child.

Another reason is the development of these relationships

We talk about the results of escalation of tension and deterioration of communication.

How a Divorce Lawyer could help

When facing issues related to parental rights, even if the relationship has become strained, the most effective solution is to consult with a lawyer specializing in parental rights.

This allows for a strategic approach, often leading to a negotiated settlement that benefits all parties involved, especially the children.

Legal support Child Custody law 

1. Legal Advice and Case Evaluation

After reviewing the specifics of your case, a skilled divorce lawyer will provide a detailed evaluation of your chances of success.

They will guide you on the best legal strategies to adopt for your situation, helping you make informed decisions.

2.Preparation of legal claim and gathering evidences

A qualified lawyer will offer you expert tips on how to present your claims effectively.

They assist with gathering necessary documents, preparing witnesses

3.Filing Legal Documents and Court Representation

Your lawyer will draft and file the necessary legal documents, ensuring that your case is presented in the strongest possible way.

They will represent you in court, advocating for your parental rights and ensuring your claims are clearly understood by the judge.

4.Enforcement and Interpretation of the JudgmentChild Custody law

Once the court has delivered its judgment, your lawyer will guide you on how to enforce the decision.

5.Appeal Representation

If necessary, your lawyer will represent your interests in an appeal court

He will ensuring that any unfavorable decisions are challenged and that your parental rights are upheld in higher courts.

Maximizing your efforts in legal issue 

We advise bringing joint claims for parental rights, personal relations with the father, and child maintenance in one comprehensive legal action.

This approach will not increase the costs but will allow you to address all aspects of your parent-child relationship in a single legal process.

Choosing the Right Lawyer

Your parental rights case is crucial to both your and your child’s future.

Trusting this important matter to an inexperienced lawyer can lead to unfavorable outcomes.

That’s why it’s essential to choose a lawyer with the necessary experience and knowledge in family law.

By contacting us for your parental rights case, you will receive expert legal services from highly experienced family law attorneys.

We don’t take a one-size-fits-all approach but instead, tailor our strategy to the specifics of your case to ensure the best possible outcome.

If you are facing legal issues regarding child custody, don’t hesitate to contact us. Schedule a consultation today and get the legal guidance you need.

Recognition of foreign judgments

One of the core consequences of globalisation has been the rapid increase in trans-national litigation

The associated need to enforce judgments across national borders.

Recognition and enforcement of foreign countries’ court decisions in another country has always been a delicate and difficult issue.

It is known that the system does not have a universal rule and each country adopts its own valued judgment with regard to foreign decisions.

There is also a clear and relatively easy procedure for the enforcement of judgments and other acts passed in other EU Member States.

The Civil process Code does not contain provisions on recognition and enforcement of decisions and acts of countries other than EU Member States.

The Regulation  of  recognition  processRecognition and Enforcement of Foreign Judgments

Recognition and enforcement of judgments rendered in non-EU countries should be subject to different procedures under the Code of international private law act.

According to part four of the CMR, the conditions introduced in Art. 117 The Code of international private law act for recognition and enforcement is as follows:

The decisions and acts of foreign courts and other bodies are recognized when:

  1. – the foreign court or authority was competent under the provisions of Bulgarian law:
  2. – the defendant was served with a copy of the application,
  3. the parties were regularly summoned and the basic principles of Bulgarian law related to the defense were not violated ;
  4. – if between the same parties, on the same grounds and for the same request, no decision of a Bulgarian court has entered into force;
  5. – if there is no pending trial between the same parties, on the same grounds and for the same claim, before a Bulgarian court
  6. – recognition or admission of performance is not contrary to the Bulgarian public order.

Legal frame of recognition of foreign judgmentsRecognition of foreign judgments

The Recognition of foreign Judgments is made by the body before it.

In the event of a dispute over the conditions for recognition of the foreign judgment, a settlement action may be brought before the Sofia City Court.

A claim is made before the Sofia City Court to allow enforcement of a foreign judgment.

The application shall be accompanied by a copy of the decision certified by the court which issued it and a certificate by the same court that the decision has entered into force.

These documents needs to be certified by the Ministry of Foreign Affairs of the Republic of Bulgaria.

The court shall examine of its own motion the conditions under Art. 117.

The defendant in the procedure for recognition and enforcement of the foreign decision can not invoke violations under Art. 117, item 2, which he could have pointed out before the foreign court.

The court does not go into the examination of the substance of the dispute, resolved by the foreign court. 

The debtor may object to the discharge of the obligation on the basis of circumstances that have arisen after the entry into force of the foreign decision.

The debtor may not object to the discharge of the obligation on the basis of the circumstances after the enforcement decision has entered into force.

Regarding the recognition of the consequences of foreign enforcement and security acts – the regulation is in Art. 124 International law act in Bulgaria-

The foreign state at the same time as the CPC does not contain provisions on recognition and Enforcement of Foreign Judgments other than EU Member States, the recognition procedure will be Part Four of the CMR, considering the legal conditions under Art. 117 KMCP.

The court procedure in Bulgaria

A decision certified by the Ministry of Foreign Affairs of the Republic of Bulgaria must be submitted to the court, that it is apparent that the same has entered into force.

Recognition foreign decisions, Bulgarian lawyers recognition of court decision, Court decisions in Bulgaria, Bulgaria recognition court decision lawyerAfter assessing the conditions under Art. 117 CMMR and to check whether it is contrary to the Bulgarian public order, the court decides whether it admits or not.

It is important to note that, according to the provision of Art. 121 para. 1 Code international private law act, the court in the exequatur procedure does not examine the merits of the dispute.

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