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Psychological violence — such as control, gaslighting, isolation from family, or intimidation — can leave wounds just as deep as physical violence. During divorce proceedings, victims of manipulation need not only psychological support but also effective legal instruments to safeguard their rights, the welfare of their children, and their means of support.

In the Polish legal system, there are several avenues of protection and legal measures available to individuals leaving toxic relationships.

1. Determining Fault in Divorce — Legal Significance

According to Article 56 §§ 1 and 3 of the Family and Guardianship Code (KRO), a court may dissolve a marriage by divorce if there has been a complete and permanent breakdown of marital life. Upon the request of either party, the court may determine that one or both spouses are at fault.

A finding of fault has significant legal consequences — under Article 60 § 2 KRO, an innocent spouse may claim alimony from the spouse found at fault if the divorce results in a significant deterioration of their financial situation.

In cases where psychological abuse has led to the breakdown of the marriage, evidence of manipulation, control, or intimidation may serve as grounds for finding exclusive fault of the abusive party.

2. Alimony and Maintenance Obligations After Divorce

Alimony for a spouse is governed by Articles 60–61 KRO, while child support is regulated under Articles 133–135 KRO.

If the victim of abuse was economically dependent on their partner (for instance, due to restrictions on employment or limited access to financial resources), the court may take this into account when determining the amount of alimony.

It is crucial to document evidence such as inability to work, financial control, or coerced resignation from employment — all of which may be recognized by the court as forms of economic violence.

3. Parental Authority and Contact with Children

Issues concerning parental authority are governed by Article 58 §§ 1–1a KRO. When granting a divorce, the court also decides on the manner in which parental authority will be exercised and on the parents’ contact with their children.

If the behavior of one parent endangers the child’s well-being — for example, through emotional manipulation or loyalty conflicts — the court may restrict or revoke parental authority under Article 109 KRO.

4. Protective Measures Against Violence — The Act on Counteracting Domestic Violence

The Act of 29 July 2005 on Counteracting Domestic Violence (Journal of Laws 2023, item 535) provides victims with access to immediate protection measures.

Under Article 11a of the Act, the court may order the perpetrator to leave the shared residence and prohibit contact or approach with the victim. Police officers are also empowered to impose such temporary orders during an intervention (Article 15aa of the Police Act).

Reporting incidents of violence to public institutions (such as the police or social welfare centers) also serves as evidence in divorce proceedings.

5. Criminal Liability for Psychological Abuse

The Polish Penal Code (KK) provides for criminal liability in cases of psychological abuse. Pursuant to Article 207 § 1 KK, anyone who physically or psychologically abuses a close relative is subject to imprisonment from 3 months to 5 years.

If the abuse was particularly cruel or led the victim to attempt or commit suicide, the penalty is more severe (§§ 2 and 3).

Filing a criminal complaint and initiating criminal proceedings can significantly strengthen the victim’s position in the civil (divorce) case.

6. How to Prepare for Divorce Proceedings

Gather evidence: messages, recordings, notes, police reports, and medical certificates.
Report violence: every intervention or report to a social welfare center (OPS) forms part of the evidentiary record.
Seek professional support: a lawyer will help develop a legal strategy, and a psychologist can issue an expert opinion on the effects of abuse.
Secure assets and children: if necessary, file a motion for interim measures (Article 730 of the Code of Civil Procedure – securing claims).

7. Summary

Victims of psychological violence in Poland have access to a range of legal protections:

Determination of fault (Articles 56 and 60 KRO),
Alimony and maintenance,
Restriction of parental authority (Article 109 KRO),
Protection orders under the Act of 29 July 2005, and
Criminal liability of the perpetrator (Article 207 KK).

The key to success lies in documenting the abuse, reporting it promptly, and seeking legal and psychological support. Only then can a victim effectively pursue justice and restore their sense of safety and dignity.