Domestic violence protection order in the Czech Republic: interim measure and police eviction

Updated on 4 October 2026 in line with the current Czech rules on protection against domestic violence.

A police eviction order and a court interim measure (protection order) are two different tools of protection against domestic violence in the Czech Republic. Each has its own conditions and duration. If you are in immediate danger, call the Police of the Czech Republic on 158; a court petition does not replace immediate intervention against violence.

Police eviction lasts fourteen days

Under Section 44 of Act No. 273/2008 Coll., on the Police of the Czech Republic, a police officer may, if the statutory conditions are met, evict the endangering person from the shared home and its immediate surroundings, even in that person's absence. The eviction lasts fourteen days from its enforcement. Its duration cannot be shortened, not even with the consent of the endangered person.

If the endangered person files a petition for a court interim measure during the eviction, Section 44(2) extends the eviction until the court's decision on that petition becomes final. Eviction is therefore not the same as the one-month court measure, and it need not always precede it.

The petition must describe specific conduct

Court protection is governed by Sections 400 et seq. of Act No. 292/2013 Coll., on Special Court Proceedings. Under Section 402, the petition must set out facts showing conduct of the respondent bearing the hallmarks of domestic violence towards the petitioner or another person in the shared household, or unwanted stalking or harassment of the petitioner. It is not enough to state in general terms that living together does not work.

What matters is a description of specific attacks, threats, stalking or contacts and the available evidence: messages, photographs, medical records or police reports. Secure evidence in a way that does not increase the risk of a further attack. The petition must specify the protection sought and the information enabling the court to decide and enforce the measure.

Decision and no-contact order

Under Section 404, the court decides within forty-eight hours without a hearing. If it grants the petition, it may, under Section 405, order the respondent in particular to leave the home and its surroundings, prohibit entry, prohibit meetings, or prohibit unwanted stalking and harassment. The specific scope of protection must correspond to the threat shown.

These civil proceedings differ from interim measures in criminal law. Depending on the circumstances, civil protection may be used alongside police intervention and criminal proceedings. For the court measure described here, the Special Court Proceedings Act is decisive.

Duration and timely extension

Under Section 408, the interim measure generally lasts one month from enforceability. If it was preceded by a police eviction whose period has not yet expired, the unexpired part is added under Section 408(2). Before the period expires, an extension may be sought under Section 410; filing the petition extends the measure until the court decides on the extension.

Under Section 412, the court extends protection only for the period strictly necessary and examines the statutory conditions. Under Section 413, the measure lapses no later than six months after it became enforceable. If the situation requires a more permanent arrangement, other appropriate court proceedings must be pursued in good time. The development of protection must therefore be monitored continuously, not left until the day the measure lapses.

We help prepare a specific petition and deal with related family matters as part of our family law practice. If the imposed prohibition is breached, further protection must be secured and the police contacted.

Sources: Section 44 of Act No. 273/2008 Coll.; Sections 402, 404, 405, 408 and 410 to 413 of Act No. 292/2013 Coll., as amended.