What does Hungarian law say?

Chapter XX of the Hungarian Criminal Code covers, among others: endangering a minor (Section 208), child labour (Section 209), obstructing contact with a minor (Section 210), changing a minor’s place of residence (Section 211), failure to pay maintenance (Section 212) and domestic violence (Section 212/A).

Who counts as a relative (hozzátartozó)? Under Section 459 (1) point 14 of the Hungarian Criminal Code: direct ascendants and descendants and their spouses or partners; adoptive and foster parents (including a step-parent living in the same household), adopted and foster children (including a stepchild living in the same household); brothers and sisters and their spouses or partners; the spouse and the cohabiting partner; and the direct ascendants, descendants and siblings of the spouse or partner. A registered partner is treated as a cohabiting partner.

What penalty can you face?

• Endangering a minor: 1 to 5 years
• Obstructing contact: up to 1 year; not punishable if you allow contact and start making up for missed contact before the first-instance judgment
• Changing a minor’s place of residence: up to 1 year; with violence or threats: up to 3 years
• Failure to pay child maintenance: up to 2 years; if it causes serious deprivation: up to 3 years; not punishable (or the sentence can be reduced without limit) if you pay before the first-instance judgment
• Domestic violence: up to 2 years; in the more serious forms up to 3 years, or 1 to 5 years

In domestic violence cases a restraining order (távoltartás) can also be issued.

What should you do now?

• Do not make a statement without a lawyer.
• Ask for an interpreter in your own language.
• Ask for copies of the official records and call us before the interview.
• If a family member has been detained in Hungary, find out where they are being held and call us immediately.

How we help

• We explain every document and every step of the procedure in English
• Coordinating the criminal, family law and child protection proceedings
• Documenting payments or contact, which can lead to no punishment
• Challenging a restraining order
• Representation of victims

Frequently asked questions

Can I be prosecuted in Hungary for not paying maintenance?

Yes, if through your own fault you do not pay maintenance set by an enforceable decision. However, you are not punished if you pay before the first-instance judgment.

What is domestic violence?

Repeated humiliating and violent behaviour, deprivation of means or repeated bodily harm against the other parent of a joint child, or against a relative, former spouse or partner, guardian, curator, ward or person under curatorship who lives or lived in the same household or home as the offender.

I live abroad. Who will try my case?

An offence committed in Hungary is dealt with by the Hungarian authorities. We can represent you and keep you informed in English.

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Call us now, day or night

Dr. László-Tamás Benő: +36 70 379 0245

Office: Falk Miksa utca 4, mezzanine 4, 1055 Budapest (by appointment only)

See also: Detained or arrested in Hungary · Hungarian version