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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.

How to find a good lawyer Bulgaria ?

At times when we are facing a certain legal obstacle, whether it is a traffic accident or a commercial dispute, we often want to be aware of our legal rights. The question always will be how to find a good lawyer Bulgaria ?

How to find a good lawyer Bulgaria ?

In these cases, everyone usually turns to a law firm seeking legal assistance.

efore starting your research, characterize the legal case and find out to which branch of law it belongs.

The field in which your legal problem is located also determines the type of lawyer you are looking for.

Most lawyers  has been specialized in specific areas of law – family and inheritance, commercial, accident law, criminal, etc.

Finding a good attorney may be the most important step you can take toward winning a legal case and it doesn’t have to be a difficult task.

You will, however, need to take your time with the search.

Focus your efforts on finding a lawyer that has dealt with your specific legal issue in the past and that you get along with personally.

Taking the time to find the right lawyer will be worth it, as they are more likely to help you win your case.

Finding a good lawyer in Bulgaria ?

The reputation of the respective company is extremely important, in addition to a guarantee of good faith and professionalism, it is also a reliable tool in choosing a legal representative.

    • By recommendation of friends or Internet users

Recommendations and references from friends, relatives and acquaintances are the best way to find a lawyer

Usually these people have no direct interest, nor are they financially favored by the recommendation of a particular lawyer.

Your relatives could share with you their objective opinion about the work of the respective specialist or team, revealing both the positives and the negatives.  

  • Through cyberspace resourcesHow to find a good lawyer Bulgaria ?

If you are unable to find a loved one who has used the legal services of a specialist, take advantage of cyberspace resources.

You could do online research in official directories, forums, on the websites of law firms.

Determine what type of attorney you need. 

It is always preferable to locate an attorney who has specialized expertise in the practice area that your case involves (e.g., malpractice law, bankruptcy law, etc.).

It’s also a good idea to find attorney familiar with the courts and laws of the area where you live. This will enable your attorney to best represent your interests.

Prepare & Draft a short list of your potential lawyers and their contact details. This would help you organize your search.

Before arranging a meeting with the chosen person, try to describe the situation briefly and clearly on the phone.

This would allow the specialist to prepare and make your conversation more productive.

Our Bulgarian business law firm offers reasonable options for work and flexible fees doing business in Bulgaria.

Just call us on + 359 897 90 43 91 or send us a mail at  office@lawyer-bulgaria.bg

Recognition of Child Maintenance Orders

The last couple of years a lot of people started to search lawyers for Recognition of Child Maintenance Orders.

Enforcing decisions and acts from fellow EU member states is now more transparent and accessible, thanks to the established legal framework.

The application of the Convention extends beyond EU Member States, especially concerning the recognition of child maintenance orders.

Covering civil and commercial matters, the Regulation provides detailed rules across various areas, encompassing consumer contracts and individual employment contracts.

Child maintenance orders represent legally binding agreements stipulating a parent’s financial responsibility toward their child.

Recognition child maintenance orders

 

The Importance of a Child Maintenance Order

Obtaining a child maintenance order is important for several reasons.

First and foremost, it ensures that the child receives the financial support they need to thrive.

Without a child maintenance order in place, there is no legal obligation for a parent to provide financial support, which can leave the child vulnerable and struggling to make ends meet.

Furthermore, a child maintenance order provides clarity and certainty for both parents. It outlines the financial responsibilities of each parent and helps to avoid misunderstandings or disputes over money.

This can be particularly important in situations where there is a high level of conflict between parents.

Recognition of Child Maintenance Orders

A family lawyer can play a critical role in obtaining a child maintenance order.

They can help parents negotiate an agreement that is fair and reasonable, and they can also help to ensure that the agreement is legally binding.

This can include drafting the agreement and filing it with the court.

In addition, a family lawyer can provide guidance and support throughout the process.

They can help parents understand their legal rights and obligations, and they can also help to resolve any disputes that arise during the negotiation process.

Child maintenance orders are legally recognized in most countries, including Bulgaria and European Union.

This means that they can be enforced by law if necessary.

If a parent fails to comply with a child maintenance order, the other parent can take legal action to enforce it.

This can include garnishing the parent’s wages or taking legal action to collect unpaid child support.

The family law in Bulgaria

The Family law, is regulating the family relationships, including marriage and divorce, the treatment of children, and related economic matters.

Whether you are planning your future, require assistance during a difficult time or need someone to fight your corner, we have the legal expertise to support and guide you through whatever this may involve.Recognition child maintenance orders

We can advise you on a wide range of family and divorce issues including:

  • Divorce
  • Children
  • Financial statements
  • International family law
  • Prenuptial and postnuptial agreements
  • Cross-border pension claims
  • Custody and guardianship of minors
  • Regulation of parent-child relations
  • Cross-border visits between parent and child
  • Modification and breaches of visits
  • Recognition of foreign judgments
  • International Child Abduction
  • Succession, national and international inheritance law, including estate planning and drafting of wills and legal assistance before the courts.

It does not cover a range of matters including taxation, the status or legal capacity of people, matrimonial matters, wills and succession and social security. Here we are only concerned with its role in relation to family law.

It does apply to maintenance orders in family law cases.

It deals with jurisdiction (i.e. which court can hear the case) and enforcement of maintenance orders.

The recognition and enforcement of judgments given in non-EU non-EU countries should be in a different procedure and order, namely the order established by the ECHR.

The procedure for recognizing and allowing the enforcement of foreign decisions and other acts (of non-EU countries) in Bulgaria.

Enforcement of Child Maintenance Orders

If a parent fails to comply with a child maintenance order, the other parent can take legal action to enforce it.

This can include filing a complaint with the court or working with a collection agency to collect unpaid child support.

In some cases, the parent who fails to comply with the order may face legal consequences, such as fines or even jail time.

The rules of recognition of court decision in BulgariaRecognition child maintenance orders

According to part four of the Bulgaria law act for international claims the conditions introduced in Art. 117  for recognition and approval of enforcement are the following:

  1. – Decisions and acts of foreign courts and other bodies are recognized and enforced when:
  2. – the foreign court or authority was competent according to the provisions of Bulgarian law , but not if the sole ground for foreign jurisdiction in property disputes was the nationality of the claimant or his registration in the state of the court;
  3. – the defendant was served with a copy of the application, the parties were regularly summoned and the fundamental principles of Bulgarian law related to their defense were not violated ;
  4. -if a decision of a Bulgarian court has not entered into force on the same grounds and for the same request ;
  5. -if between the same parties on the same grounds and for the same claim no proceedings pending before the Bulgarian court , started before the foreign case in which the decision for which recognition and enforcement is sought;
  6. – recognition or approval of the performance does not contradict the Bulgarian public order

Obtaining a child maintenance order is an important step in protecting the best interests of your child.

It ensures that they have access to the financial resources they need to thrive and provides clarity and certainty for both parents.

If you need assistance with obtaining a child maintenance order, it is important to work with an experienced family lawyer who can guide you through the process and ensure that your child’s needs are met.

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.

Divorce Lawyer in Bulgaria

Dealing with family law issues and divorce in particular can be an emotional and stressful experience, in a situation, you needa divorce Lawyer in Bulgaria.

Marriage is commonly perceived as an essential legal institution in various societies, but all systems of marriage need also to deal with the dissolution of marriages. The common mechanism for this is divorce.

In the globalised world of today, marriages with an international element, usually in the form of couples with different nationalities and/or living in a foreign country, are becoming frequent, which poses challenges of its own.

In this section, we only deal with so-called cross-border divorces.

Divorces of purely domestic nature (between Bulgarians living in Bulgaria who have seised the local court) are governed entirely by Bulgarian national law.

Bulgarian law offers two main routes to divorce:Divorce Lawyer in Bulgaria

A/ Divorce by mutual consent of the married spouses or

W/ Divorce by means of a claim on the basis of what may be termed “irretrievable breakdown”

Furthermore, we deal here only with the dissolution of valid marriages. The dissolution of invalid marriages, i.e. annulment, is outside of our note’s scope.

Unlike many other jurisdictions in Europe, Bulgaria does not currently recognise same-sex marriages except as regards same-sex couples validly married in other EU jurisdictions.

In practice, this may result in a possible full recognition in practice, but only in situations where EU law is engaged.

Nevertheless, same-sex marriages and the availability and recognition of divorce in same-sex marriages are outside of the note’s scope.

Finally, we also do not cover here the dissolution of religious (e.g., church) marriages in Bulgaria, nor the recognition of marriage dissolutions of any kind which occurred abroad.

THE REASONS FOR DIVORCE ?

Together with “mutual consent” the second reason for divorce in Bulgaria is the deep and irreparable breakdown in marriage”  according the Family code.

The legal praxis of our law office has many cases in the field of family law, with more than half being divorce cases.

Divorce Lawyer in Bulgaria Turning for help in divorce in Sofia, we offer clients a guarantee they will receive adequate legal protection from a divorce lawyer in Bulgaria with extensive professional experience

You will have the opportunity to find the best solutions in the most complex cases concerning the divorce process in Bulgaria.

We recommended to use a highly specialized lawyer – a divorce lawyer in Bulgaria , who brings the clients the main information, instead of using somebody else

How to appoint a good divorce lawyer ?

To find out the difference between a really good and reliable divorce lawyer in Bulgaria and others who just claim to be such, you should meet with him in person.

Each divorce case is different and requires an individual attitude

To approach the issue, requires to appoint the divorce lawyer to get acquainted with your problem in detail.

If you decide it is time to end your marriage or consider divorce as an option, there are many factors to consider. 

It is crucial that you find the right lawyer for you to advise you on all the options available to you in order to protect your shared assets

How long do divorces take?

Each spouse may seek divorce when the marriage is deeply and irreparably damaged.

The claimant must exhaustively identify all grounds for the divorce, in accordance with s 322(1) Family Code.

Grounds of which the claimant was aware or that occurred before the end of the hearing, may not be relied on to base a new claim.

Jurisdiction is conferred to the court local to the respondent’s permanent address in Bulgaria.Divorce Lawyer in Bulgaria

Upon the request of a party, the court may make interim order as to: financial support, the use of the family home and the assets acquired during the marriage, care of the children and financial support for them.

These interim orders are not subject to appeal, but the court may amend them from time to time, e.g. in accordance with changes in the circumstances of the children.

If you are going to have this procedure too, do not consider yourself an outsider – about 10,000 families in Bulgaria annually terminate their marriage. 

In general, the divorce procedure in Bulgaria is a pretty quick process, even if there are children custody case involved or one of the spouses shows disagreement.

The simple divorce will take up to 3-5 months.

The Bulgarian court will not look at the questions for division of property.

The court will just look at the divorce case the custody and child maintenence payments for the kids. 

DIVORCE PROCEDURE IN BULGARIA ?

Despite some differences between the laws of different states of the country, the general pattern of divorce is the same everywhere. 

After submitting of legal claim for divorce and providing a evidences for the divorce in the court forward the documents to the opposite site.

There is a formal divorce process and we can assist you at any stage to ensure that your claims are taken into account by the court. 

There are also many different approaches to how you may want to separate your total assets.

We are here to help you decide what is the best solution for your situation.

Call us now on + 359 897 90 43 91 for consultation

Get a legal protection of your family rights with our divorce lawyer in Bulgaria !

How long does it take to get a divorce in Bulgaria ?

The divorce by mutual agreement in Bulgaria take usually between 4 to 6 mounts. All steps and time depends on the workload of the Family court. 
There are no spesific deadlines, but the court instructions is to limitate within 6 or 7 mounts. Usually about siseveral months, but if there are difficulties in summoning the parties or one of them takes actions that slow the progress of the case, it can take longer.

Who will take care of child after divorce in Bulgaria ?

When a divorce claim is already filed in the Family court, cares for the the child/ren remains to be given to the mother.  However, in deciding this issue, the court is guided by a set of criteria on which parent it is in the interest of the child to remain in foster care after the marriage. 
The both parens could considered who will take care of child after divorce in Bulgaria. Also important is the social environment of the parents, the possibility of assistance from loved ones in raising the child, living and material conditions, although the latter is not a leading one.

How much are the child maintenance costs after the divorce in Bulgaria ?

The child maintenance costs cannot be less than ¼ of the country’s minimum wage and at the moment it cannot be less than 152.50 BGN per month for 2020. The question is there is not upper limits to the child maintenance costs. In the case of a divorce by mutual agreement, the amount of the maintenance is determined by agreement between the parties. When an agreement cannot be reached on the amount of maintenance, it is determined according to the needs of the child and the options of the parent who will pay it. The needs of the child are determined according to their age, the lifestyle they have led up to now, the necessary means for food, clothing, study and sports activities and social contacts. 

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