Jugement Kantonsgericht (VD - HC/2020/236)

Canton:	VD
Case number:	HC/2020/236

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/236 vom 06.04.2020 (VD)

Date:	06.04.2020
Force of law:	-

Summary:	The wife B.________ obtained an injunction from the civil court against her husband Q.________, who mistreated her. Q.________ appealed the order. The Court of Appeal confirmed the order. It was found that Q.________ had repeatedly physically and psychologically abused the wife. Q.________ was obliged to stay away from the wife and not allow her any contact. More detailed summary On December 9, 2019, the President of the Civil Court of La Broye and Nord vaudois issued an injunction against Q.________. The decree forbade Q.________ to approach the wife B.________ and not to allow her any contact. Q.________ appealed against the order. On April 6, 2020, the Court of Appeal confirmed the order. The court found that Q.________ had repeatedly physically and psychologically abused the wife. The court found that the order was necessary to protect the wife from further encroachments. The verdict is an important precedent for the protection of victims of domestic violence. It shows that the courts in Switzerland are prepared to issue interim injunctions to protect victims from further assaults.
Rule of Law:	Art. 100 LTF;Art. 105 CPC;Art. 109 CPC;Art. 123 CPC;Art. 241 CPC;Art. 74 LTF;Art. 95 CPC;Art. 96 CPC;
BGE reference::	-
Comment:	Spühler, Schweizer, Basler Kommentar Schweizerische Zivilprozessordnung, Art.319 ZPO, 2017

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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