Defence against Domestic Violence Allegations in Latvia

Defence against domestic violence allegations in Latvia concerns the person against whom a complaint of violence in the family, vardarbība ģimenē, has been made. Some older lists and lawyer pages call this service “Cases of Alleged Domestic Violence”. People search for being accused of domestic violence, domestic violence charges or a false accusation of domestic violence. In Latvian procedure the person can be a suspect (aizdomās turētais) or the accused (apsūdzētais) in criminal proceedings, and the respondent in a civil case on temporary protection against violence (pagaidu aizsardzība pret vardarbību). An allegation is not a finding: whether violence took place is for the police, the prosecutor and the court to establish.

Who this is for

Foreign residents, visitors and Latvian citizens who have been reported by a spouse, a partner or a relative, who have received a police separation order or a court decision on protection, or who have been called in by the police in such a case.

Three procedures that can run in parallel

• Police separation. The police can order a person to leave the shared home and keep away for a short period. The order takes effect at once and is followed while it stands, even if it is challenged.
• Court protection. The other person can apply to court for temporary protection against violence. The respondent is informed of the decision, can give his or her side and can ask for the measures to be changed or lifted; the applicant's side of the same procedure is described under restraining orders.
• Criminal proceedings. When the facts may amount to an offence, such as bodily harm or threats, criminal proceedings are started. A suspect or accused has the right to a defence lawyer (aizstāvis), to an interpreter and to translations of key documents when he or she does not understand Latvian, and the right to remain silent. A security measure, such as a ban on approaching a particular person, can apply while the case lasts.

What else it can affect

An allegation of violence can weigh on a parallel custody or contact case, on a residence permit that depends on the family, and on travel while the case is open. Someone who has left Latvia and is unsure whether proceedings or a search are pending can start with an arrest warrant check.

What a lawyer does

A lawyer attends questioning, explains the status the person has in each procedure, reviews the evidence, answers the protection application, asks for measures to be changed where the circumstances allow and represents the client in court. The lawyer also keeps the criminal, civil and family sides consistent, so that what is said in one does not harm the client in another. Other criminal matters are listed under criminal law in Latvia.

Questions and answers

Is there a right to an interpreter?

Yes. A suspect or accused who does not understand Latvian is entitled to an interpreter in criminal proceedings, and a lawyer makes sure this is respected from the first interview.

Can the person go back home after a separation order?

Not while the police order or a court measure forbids it. A lawyer explains how practical matters, such as belongings or contact with the children, are handled in the meantime.

Can the person leave Latvia while the case is open?

That depends on the security measure applied and on the stage of the case, and is clarified with the lawyer before any travel.

What if the accusation is untrue?

The defence presents its evidence and challenges the other account in each procedure. A knowingly false report is itself an offence under Latvian law, but whether one was made is a separate question for the authorities.