This paper analyses the basic characteristics of domestic violence as a crime and as a misdemeanour. The results of the analysis indicate that there is no clear delimitation between these acts, even though this constitutes a necessary precondition for safeguarding the legal certainty of citizens and the principle ne bis in idem. As every discussion concerning domestic violence deals with the issue of victim protection, the authors analyse the selected case-law of the European Court of Human Rights in order to point to the inadequate and ineffi cient protection of victims of domestic violence. Finally, in the conclusion, the need is emphasised to set clear criteria to delimit the existing criminal law regulation in contrast to misdemeanours. To this end, proposals de lege ferenda are made. PUBLICATION ABSTRACT