The author points out some practical consequences of non-coherence of penal system such as: incomplete legal protection of domestic violence victims and inefficiency of prevention measures regarding domestic violence. Therefore author advocates for changes of administrative law of the Republic of Serbia. Those changes will, on one hand, clarify conception, place and function of misdemeanor in the penal system and, on the other hand improve protection of domestic violence victims. This second goal could be achieved through new misdemeanor offences (applicable to cases of domestic violence and broader, to people living in the same household), and new protective orders, which could be imposed individually or as supplementary to existing penalties. The content of protection orders should be a warning to a perpetrator or supervision of his behaviour.