Jugement Kantonsgericht (VD - HC/2019/115)

Canton:	VD
Case number:	HC/2019/115

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2019/115 vom 18.03.2019 (VD)

Date:	18.03.2019
Force of law:	-

Summary:	The Cantonal Court has confirmed the measures requested by the wife to safeguard the marital union. The measures include the prohibition for the husband to enter the marital home and to contact the wife. The court concluded that the husband was violent towards his wife. The wife had a right to protection from violence, even if she filed for divorce. The measures are intended to give the wife time and space to recover from the violence. More detailed summary: The Cantonal Court has confirmed the measures requested by the wife to safeguard the marital union. The measures include the prohibition for the husband to enter the marital home and to contact the wife. The court concluded that the husband was violent towards his wife. The wife had a right to protection from violence, even if she filed for divorce. The measures are intended to give the wife time and space to recover from the violence. More detailed explanation of the individual points: The Cantonal Court has confirmed the measures:The court has determined that the measures are suitable and necessary to preserve the marital union. The measures are intended to protect the wife from violence and give her time and space to recover from the violence. The measures include the prohibition for the husband to enter the marital home and to contact the wife:the prohibition for the husband to enter the marital home is intended to provide security for the wife. The prohibition for the husband to contact the wife is to prevent him from harassing or threatening her further. The court came to the conclusion that the husband was violent towards his wife:the court examined the evidence of the husband's violence and found that it was credible. The wife, among other things, put forward that the husband beat and insulted her. The wife had a right to protection from violence, even if she filed for divorce:the court found that the wife has a right to protection from violence even after the failure of the marriage. The wife has a right to physical and mental integrity. The measures are intended to give the wife time and space to recover from the violence:the measures are intended to give the wife time and space to recover from the violence and make a decision about her future. The wife has the opportunity to file for divorce or save the marriage.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 123 CPC;Art. 125 CC;Art. 163 CC;Art. 175 CC;Art. 176 CC;Art. 191 CPC;Art. 271 CPC;Art. 272 CPC;Art. 308 CPC;Art. 310 CPC;Art. 314 CPC;Art. 317 CPC;Art. 57 CPC;Art. 59 CPC;Art. 74 LTF;
BGE reference::	-
Comment:

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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