| Canton: | VD |
| Case number: | HC/2019/976 |
| Instance: | Kantonsgericht |
| Department: | Cour d'appel civile |
| Date: | 23.12.2019 |
| Force of law: | - |
| Summary: | The Court of Appeal has dismissed the husband's appeal against the protective measures for the wife ordered by the lower court. The court found that the wife is at risk in her physical and psychological integrity due to the husband's behavior. The protective measures are therefore necessary to protect the wife from further violence. The husband is obliged to leave the marital apartment and stay away from the wife. The husband must also make a monthly maintenance payment to the wife. More detailed summary: The Court of Appeal has dismissed the husband's appeal against the protective measures for the wife ordered by the lower court. The court found that the wife is at risk in her physical and psychological integrity due to the husband's behavior. The protective measures are therefore necessary to protect the wife from further violence. Specifically, the court found that the husband repeatedly attacked and threatened the wife in the past. The wife has also made it credible that the husband could also use violence against her in the future. The protective measures ordered by the lower instance include, among other things: The husband is obliged to leave the marital apartment and stay away from the wife. The husband is not allowed to own weapons or other dangerous objects. The husband must make a monthly alimony payment to the wife. The Court of Appeal has confirmed the protective measures, as they are appropriate and necessary to protect the wife from further violence. |
| Rule of Law: | Art. 100 BGG;Art. 106 ZPO;Art. 117 ZPO;Art. 122 ZPO;Art. 179 ZGB;Art. 271 ZPO;Art. 272 ZPO;Art. 273 ZGB;Art. 285 ZGB;Art. 296 ZPO;Art. 308 ZPO;Art. 309 ZPO;Art. 310 ZPO;Art. 314 ZPO;Art. 4 ZGB;Art. 57 ZPO;Art. 74 BGG; |
| 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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