In this paper author elaborates macro and micro factors which contribute to emergence/aggravation of family violence in a circumstances of social transition, as well as factors which contribute to better protection, assistance and support to victims of violence. Therefore, author presents historical development of lobbying for legal reforms regarding domestic violence, as well as importance and broader context of new incrimination - Domestic Violence - in the legal system of Serbia and Montenegro. Also, in this paper author presents basic principles of the New Model for legal protection from family violence, made by the working group of the Victimology Society of Serbia, describing legal situation that existed before these changes and legal protection of victims after the reform. Author also indicates to an incomplete legal protection of victims - lack of possibilities for arrest, protective measures, restraining orders, and (voluntary or mandatory) treatment of abuser. The importance of monitoring of implementation and further improving of this and other laws is stressed out as well.