Success Story: Physical violence, Issuance of Immediate Protection Order by the Court, legal protection, and Marriage Dissolution in Complicated Family Circumstances

A.Ç had been facing a turbulent marital relationship for years, accompanied by frequent conflicts, psychological pressure, and constant tensions between respective families. Despite his efforts to maintain a stable family environment and to responsibly fulfill marital obligations, the situation worsened to the point where cohabitation became practically impossible.

The culmination of the conflict occurred when a family member of the wife, her brother, and she herself exercised physical violence against the plaintiff in his parents' home environment, as he was seeing off his brother-in-law, but he punched him treacherously in his home yard. The immediate legal intervention of our legal team proved decisive for the further prevention of the conflict:

• The Court of Tirana rejected the lawsuit request against our client from the plaintiff side by not issuing the Immediate Protection Order for the abusers.
• Subsequently, in conformity with legal procedures, the court after about one month made the verification of the Protection Order deciding the dismissal of the trial for case no. xxxx Act.
• The Court of Tirana accepted the lawsuit request of our client's parents R.Ç and D.Ç as plaintiffs, issuing the Immediate Protection Order.
• From the side of the defendant Antoneta Ç, this decision was appealed in opposition to legal procedures in the Court of Appeal Tirana.
• Given that the defendant's appeal was contrary to the law, we opposed it in our submissions before the Court of Appeal since the court's decision for issuing the immediate protection order constitutes an executive title and cannot be appealed in the meaning of Article 19 point 6 of law 9669 dated 18.12.2006. The decision is executed immediately by police bodies, in cooperation with the judicial bailiff service and the social services office of the local self-government unit where the victim and other persons provided in the decision have permanent or temporary residence.

For these reasons, the Court of Appeal Tirana decided the non-acceptance of the appeal submitted by the defendant (wife A.Ç) against decision No xxxx act of the Tirana district court.

Following this procedure, our firm successfully prepared and filed the lawsuit for marriage dissolution, clearly arguing that the marital relationship was irreversibly broken, that joint living had become impossible, and that the marriage had lost its function. Relying on Article 132 of the Family Code, the court accepted the lawsuit request deciding:

• Dissolution of marriage
• Regulation of parental responsibility and custody of the minor child,

Thanks to professional representation by the lawyer and strategic intervention at every step of the process, our client managed to secure his legal protection, secure family peace for himself and his family, as well as finalize the divorce and create safe and quiet stability.