Yes. There are three types of protection orders in Kazakhstan available to victims of domestic abuse:

1. civil protection orders (установление особых требований к поведению правонарушителя)^[10]
2.  domestic violence protection orders (защитное предписание)^[11]
3.  restraining orders (запрет на приближение) ^[12]

In all three cases, the purpose of the protection orders is to restrict or prohibit contact between the victim and abuser.

Civil protection orders are issued by the court after the commencement of formal proceedings on account of administrative charges brought against the abuser. A civil protection order can last from three months to one year and can include different provisions, including provisions to prohibit (a) the abuser (respondent) from seeking, stalking, approaching, calling, meeting or otherwise engaging in communications with the victim, and (b) the respondent from using, maintaining or purchasing a firearm. A civil protection order can also order the abuser to attend counselling (i.e., up to four meetings/conversations per month with the appropriate members of the police force).

In addition, there are certain powers available to the police to protect domestic violence victims under the Domestic Violence Prevention Law. Thus, it is possible for police forces to issue domestic violence protection orders. A domestic violence protection order can be issued by a member of a police force to a person over the age of 16 to give the victim immediate protection from the abuser. Unlike the civil protection orders, no formal administrative proceedings are needed in order for the domestic violence protection order to be available to victims of domestic abuse. A domestic violence protection order can last for 30 days and can be granted where it is necessary to protect the victim from violence or the threat of violence.

The law also provides for the possibility of 24-hour administrative detention of abusers where it is believed that the domestic violence protection order will not actually prevent the abuser from further engaging in conduct constituting violence toward the victim.^[13]

All three forms of protection orders (i.e., civil protection orders, domestic violence protection orders and restraining orders) can be petitioned directly by domestic violence victims. In addition, the law^[14] provides that the basis for applying protection orders are: (i) an application from individuals (natural persons), other than the victim; (ii) the detection of the conduct constituting domestic violence or the threat of violence by members of the police force; or (iii) information received from government agencies (e.g., children's authority).

Further, under the law, the civil protection orders can be applied by the court at its own initiative or the initiative of police forces (regardless of the victim's or any other party's petition).^[15]

The legislation governing protection orders^[16] does not specifically mention the temporary custody of a child or child support orders. However, temporary custody of a child and child support orders are available under a separate framework set forth in the Family Code.

Under the Family Code,^[17] the court may issue an order against the abuser limiting his or her parental rights by taking the child away from the abuser. In doing so, the court must act in the best interests of the child. The court will issue an order against the abuser where the child is deemed to be in danger of physical injury from the respondent. In certain aggravated cases involving immediate risk to life or health of the child, the children's authority can immediately take the child away from the respondent without a court decision.^[18]

When limiting the respondent's parental rights, the court may order the respondent to financially support the child by making alimony payments.^[19]

Yes. Under the Administrative Code,^[20] a civil protection order can include a provision prohibiting the abuser from living in residential premises specified in the civil protection order frequented by the victim for a period not exceeding 30 days. Such order can be issued only by the court in certain exceptional cases (exceptional cases are not defined in the law), provided that the abuser has another residence to live/inhabit.

With respect to "staying away from places that the victims frequent" mentioned in the question, please note that all three forms of protection orders (i.e., civil protection order, domestic violence protection orders and restraining orders) are intended to order the abuser to stay away from the victim, i.e., they prohibit the abuser from seeking, approaching, calling, meeting or otherwise engaging in communications (contacts) with the victim.

No, there are no other types of emergency, preventive or civil protection orders in Kazakhstan.

Yes. All three orders (i.e., civil protection orders, domestic violence protection orders and restraining orders) can be requested directly by the victim of domestic abuse. The child protection orders discussed in Section 4.1 Civil Protection Orders: Are there temporary custody of a child or child support orders? above, can be requested by legal representatives (as well as the children's authority and public prosecutor).^[21]

Yes. As mentioned above, there are different types of protection orders in Kazakhstan, including a domestic violence protection order, which is a short-term protection order available for 30 days. See Section 4.1 Civil protection orders: Are there civil protection orders available to victims of domestic abuse? above. 

Yes, but only in certain limited situations. restraining orders can be requested and granted ex parte without the aggressor being present.^[22] With respect to civil protection orders, ex parte orders are permitted as long as the correct procedure has been followed to serve notice on the respondent that the hearing will take place and no request has been made by the respondent to delay the hearing.^[23]

Yes, all forms of protection orders extend protection to family members of the victim. For such purposes, "family members" include minors under the age of majority (generally, 18) and individuals (natural persons) recognized by a court order to have no legal capacity due to insanity, medical illness, medical condition, etc.

Each order is different. Therefore, for example, the domestic violence protection order lasts for 30 days, while the civil protection order can be in force for a period from three months to one year. The restraining orders are in force until they are canceled by the decision of the respective criminal investigation authority (or the court) as a result of the circumstances warranting the restraining orders ceasing to exist.^[25]

There is no specific/single resource or website displaying data on how often civil protection orders are granted. However, based on various sources available in the public domain, we note as follows:

1. As of 6 August 2020, the courts issued more than 5,000 civil protection orders protecting victims of domestic violence, more than 3,500 abusers were held administratively liable and members of police forces issued in excess of 43,000 domestic violence protection orders against the abusers.^[26]
2.  In 2019, the courts issued more than 6,000 civil protection orders, more 58,000 domestic violence protection orders were issued by the police forces.^[27]
3. In 2018, the court issued 221 civil protection orders, more than 3,500 abusers were held administratively or criminally liable and 2,604 domestic violence protection orders were issued by the police forces.^[28]

There is no specific set of documentation that is needed to obtain a protection order in Kazakhstan. Therefore, the basic step for obtaining a protection order is for the victim to go to the police as soon as possible after the incident occurs.

Given that a civil protection order can be granted as part of formal administrative proceedings, a motion to commence administrative proceedings will need to be filed by the victim. There is no specific form of the motion or other prescribed requirements, and the authorities should open proceedings, provided there is enough data indicating that violence might have occurred.^[29] After the proceedings are opened, the victim can petition for a civil protection order or, alternatively, the civil protection order can be granted by the court at its own initiative or at the initiative of the police forces.

Regarding the restraining orders, the law^[30] provides that the authorities conducting pretrial investigations are required, based upon an application from the victim, to issue a resolution initiating proceedings before the court for the application of the restraining order. Thus, a written application from the victim is needed and there are no other requirements in this respect.

No. A domestic violence protection order can be granted outside any formal proceedings (whether administrative or criminal), so no hearings will be conducted and a domestic violence protection order would be granted based upon a report from the victim (or third parties) about the incident.

With respect to civil protection orders and restraining orders, those forms of protection orders require formal proceedings that involve a court hearing. Generally, the victim (his/her advocate/legal representative) is required to attend the hearing.^[31]

There are no time limits specified in the law, although we note that the protection orders can last for a certain specified period. See Section 4.1 Civil Protection Orders: How long do the orders last?, above.

No, there are no different rules in emergencies. 

Not applicable in respect of the domestic violence protection orders, since domestic violence protection orders are granted by police forces, not judges.

With respect to the civil protection orders and restraining orders, the law does not appear to mandate the judge to grant a civil protection order or restraining order upon satisfaction of certain objective/specific condition. Therefore, the judge appears to have discretion in granting the civil protection order or restraining order and determining the term for which the protective order will run.

The judge also has leeway to include in the terms of the civil protection order the restrictions and prohibitions that will apply to the respondent (abuser), e.g., counselling provisions, prohibition on contacts with the victim, prohibition from living together with the victim.

The applicant's (victim's) presence is required for the hearing. However, the judge may continue with the hearing if the applicant does not appear in the court and make a decision on granting or refusing to grant the civil protection order, if it can be proven that a notice of the hearing was properly served on the applicant and the applicant has not requested the court to delay the hearing.^[32]

The law does not provide any specific age limits on who can obtain orders. Therefore, the general rule of law applies, and individuals (natural persons) must be over the age of majority (generally, 18, and in certain exceptional cases, 16) to be able to seek and obtain orders. 

The Domestic Violence Prevention Law does not specifically address whether the victims can ask for costs and restitution to be paid. However, under the general rules of the Civil Code,^[33] the victims should be entitled to compensation of costs and restitution, including loss of earnings, medical and dental costs, transportation costs, etc.

Yes, in most cases. Where criminal proceedings are opened in respect of the abuser, the victim is entitled to bring his/her claim for costs, etc., within the criminal proceedings, without having to initiate separate civil proceedings. This is permissible under Chapter 20 (Civil Claim in Criminal Proceedings) of the Criminal Procedure Code.