4.1 Civil protection orders
4.1.1 Are there civil protection orders available to victims of domestic abuse?
There are no specific civil protection orders against domestic abuse because there is no specific legislation on domestic abuse. However, a provision in Article 46 of the Marriage Code provides a procedure for a married person to request to live separately from their partner if their life is in danger. The request must be directed to a judge or tribunal that has jurisdiction to issue a decision. Article 54 of the Marriage Code grants the judge powers to take urgent measures if one of the partners fails to fulfill their marriage obligations. These provisions came into force in 2019 and, therefore, they are new to the legal regime in Ivory Coast. Furthermore, protective measures may be granted in cases of assault by a spouse (see Section 5.5).
4.1.2 Who can petition for civil protection orders?
Either of the spouses can petition for civil protection orders.
4.1.3 Are there temporary custody of a child or child support orders?
There is no specific information about child custody in cases of domestic violence. Article 421 of the 2019 Penal Code punishes violence against and neglect of children; Article 422 punishes the abandonment of children.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
There is no specific information available about other measures in cases of domestic violence.
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
There is no specific information available about other measures in cases of domestic violence.
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
There is no provision in the Marriage Code allowing orders by third parties.
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
There is no specific information available about other measures in cases of domestic violence.
4.1.8 Are ex parte orders permitted without the aggressor being present?
It is not clear from the law or guidance whether an ex parte order would be allowed under Article 46 of the Marriage Code.
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
Yes. According to Article 46 of the Marriage Code, emergency orders extend protection to family members, insofar as these members are in danger.
4.1.10 How long do the orders last?
4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.
There is no public information on how many civil protection orders or prosecutions are carried out per year. Nevertheless, the following resources may be helpful:
4.2 Steps for receiving a protective order
4.2.1 What documentation is needed to obtain a civil protection order?
We have not been able to identify what documents are required to obtain the protection in Article 46 of the Marriage Code or information on the procedural aspects of the remedy. As noted above, there is a significant social stigma for women concerning domestic violence and, therefore, there is limited information on how remedies and rights can be pursued in practice.
4.2.2 Does the victim need to attend a hearing?
We have not been able to find any information on this subject.
4.2.3 Can you request remedies?
We have not been able to find any information on this subject.
4.2.4 Are there time limits?
We have not been able to find any information on this subject.
4.2.5 Are there different rules in emergencies?
We have not been able to find any information on this subject.
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?
Granting civil protection orders under Article 46 of the Marriage Code seems to be at the discretion of the judge or tribunal. There is no available guidance on the limits of this discretion.
4.3.2 Are there age limits on who can obtain orders?
It is not clear from the law or guidance whether there are age limits under Article 46 of the Marriage Code.
4.4 Restitution and remedies available to victims
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
We were not able to identify any restitution or remedies (other than that in Article 46 of the Marriage Code) available for victims of domestic violence.
4.4.2 Can they recover wages and profits lost?
We have not been able to find any information on this subject.
4.4.3 Is a separate civil process required?
We have not been able to find any information on this subject.
