Jugement Kantonsgericht (VD - HC/2020/225)

Canton:	VD
Case number:	HC/2020/225

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/225 vom 26.03.2020 (VD)

Date:	26.03.2020
Force of law:	-

Summary:	The Court of Appeal in Civil Cases has rejected the husband's appeal against an order of the civil judge of the Canton of Vaud. The order had prohibited the husband from contacting and approaching his wife. The Court of Appeal ruled that the order was justified, since the husband had repeatedly threatened and abused his wife. The Court of Appeal has obliged the husband to pay the court costs of the appellate instance. More detailed summary: On March 26, 2020, the Court of Appeal in Civil Cases of the Canton of Vaud rejected the husband's appeal against an order of the civil judge of the Canton of Vaud. The order had prohibited the husband from contacting and approaching his wife. The Court of Appeal ruled that the order was justified, since the husband had repeatedly threatened and abused his wife. The court found that the husband had repeatedly beaten, insulted his wife in the past and threatened to kill her. The woman had then separated from her husband and applied for an injunction against him. The Court of Appeal has obliged the husband to pay the court costs of the appellate instance. Explaination: Articles 241 and 282 al. 2 CPC:These articles of the Swiss Civil Procedure Act (CPC) regulate the admissibility and handling of appeals in civil cases. Art. 287 al. 3 CC:This article of the Swiss Civil Code (CC) regulates the admissibility of decisions of the civil judge in cases of marital violence. Statuant sur l’appel interjeté par n.Z.________, aux [...] ( [...]), intimé, contre l’ordonnance de mesures protectrices de l’union conjugale rendue le 9 janvier 2020 par le Président du Tribunal civil de l’arrondissement de l’Est vaudois dans la cause divisant l’appelant d’avec B.Z._______ _, à [...], requérante:This paragraph of the judgment introduces the parties to the case. N.Z. is the husband who appealed. B.Z. is the wife who had applied for the injunction. I hope this summary is helpful.
Rule of Law:	Art. 100 LTF;Art. 105 CPC;Art. 106 CPC;Art. 109 CPC;Art. 241 CPC;Art. 282 CPC;Art. 287 CC;Art. 315 CPC;Art. 74 LTF;Art. 95 CPC;Art. 96 CPC;
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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