Yes. A TSO (Временный охранный ордер) is an order that is issued due to a report of domestic violence independently from a court hearing by the internal affairs bodies. Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence" is relevant in this regard.

An RO (Запрет на приближение) is an order that is issued by the court due to a motion from the subject of the criminal proceedings and the existence of a threat to them. The following legislation is relevant in this regard:

• Law No. 170 of the Kyrgyz Republic of 16 August 2006 "On the Protection of the Rights of Participants in Criminal Proceedings"
• Criminal Procedure Code No. 20 of the Kyrgyz Republic of 2 February 2017

This depends on the type of order.

For a TSO, this is as follows:

• Anyone who has suffered from domestic violence can petition for a civil protection order.
• Anyone who knows about an act of domestic violence can petition for a civil protection order.

The issuance of a TSO does not depend on the will of the victim.

Articles 1 and 30 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence" are relevant in this regard.

Every subject of criminal proceedings (including a victim) who is endangered can petition for an RO.

Articles 2 and 17 of Law No. 170 of the Kyrgyz Republic of 16 August 2006 "On the Protection of the Rights of Participants in Criminal Proceedings" are relevant in this regard.

Yes. Temporary custody of a child applies when it is necessary to immediately appoint a guardian or trustee in the interests of the child.

This applies in exceptional cases, particularly when there is a direct threat to the life and health of the child. The order can last for six months.

The following legislation is relevant in this regard:

• Article 17 of Provision No. 522 of 24 September 2013 "On Guardianship and Trusteeship"
• Article 82 of Code No. 201 of the Kyrgyz Republic of 30 August 2003 "Family Code of the Kyrgyz Republic"

Child support orders are provided with the common institute of support payments (Алименты).

If parents do not provide maintenance to their minor children, support payments for their maintenance are recovered from the parents through a judicial proceeding.

Section V of Code No. 201 of the Kyrgyz Republic of 30 August 2003 "Family Code of the Kyrgyz Republic" is relevant in this regard.

Yes. A TSO provides a prohibition against domestic violence and a prohibition against direct and indirect contact with a victim.

The specific prohibitions depend on the situation.

Article 29 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence" is relevant in this regard.

An RO provides a prohibition against the following: (i) meeting with a protected person; (ii) following and/or monitoring a protected person; (iii) getting in touch or trying to get in touch with aprotected person; and (iv) being close to the place of residence and place of work of a protectedperson.

Article 15.2 of Law No. 170 of the Kyrgyz Republic of 16 August 2006 "On the Protection of the Rights of Participants in Criminal Proceedings" is relevant in this regard.

Yes. A TSO can be petitioned in favor of persons affected by domestic violence who have not reached the age of 14 or persons recognized by the court as legally incompetent by every person who knows about the fact of domestic violence.

Such TSO will be issued to their legal representative, to the territorial unit of the authorized state body for the protection of children or to an employee of the body of internal affairs for minors, all of whom can also apply with a statement on the extension of a TSO.

Articles 26 and 28 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence" are relevant in this regard.

The rights of a minor or a legally incompetent person accused in criminal proceedings are exercised by their legal representative.

Legal representatives are their parents, adoptive parents, guardians or trustees.

Articles 5 and 47 of Law No. 170 of the Kyrgyz Republic of 16 August 2006 "On the Protection of the Rights of Participants in Criminal Proceedings" are relevant in this regard.

No. A TSO as a type of civil protection order is initially issued for three days. Therefore, it can be called a short-term order.

No. A TSO as an analog of ex parte orders is issued at the place the domestic violence was committed compulsorily to the person who committed domestic violence against a signature.

When issuing a TSO, internal affairs bodies must warn the person who committed domestic violence that, in the case of a violation of the conditions of the temporary protection order, the person may be brought to administrative responsibility.

The legislation does not provide for the possibility of issuing a TSO without the presence of the aggressor.

The following legislation is relevant in this regard:

• Article 27 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence"
• instructions for organizing the activities of employees of internal affairs bodies to suppress and prevent domestic violence, approved by Order No. 844 of the Ministry of Internal Affairs of the Kyrgyz Republic of 28 September 2009

Yes. A TSO as an emergency order, if necessary, may extend protection to family members and to persons equated to family members.

Persons equated to family members are defined as persons in a de facto marriage relationship; a person who provides maintenance for a disabled or minor dependent and directly to the disabled or minor dependent; a spouse's parents; and other relatives living together.

The following legislation is relevant in this regard:

• Article 1 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence"
• instructions for organizing the activities of employees of internal affairs bodies to suppress and prevent domestic violence, approved by Order No. 844 of the Ministry of Internal Affairs of the Kyrgyz Republic of 28 September 2009

This depends on the type of order. A TSO lasts three days and it can be extended for 30 days.

Article 27 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence" is relevant in this regard.

RO provisions do not provide for any period. Presumably, an RO lasts for as long as the threat exists.

Specific documentation is not necessary. A report of domestic violence is sufficient to issue a TSO.

Article 26 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence" is relevant in this regard.

A victim must present a motion in an oral or written form for an RO to be issued.

Section V of Law No. 170 of the Kyrgyz Republic of 16 August 2006 "On the Protection of the Rights of Participants in Criminal Proceedings" is relevant in this regard.

This depends on the type of order. A TSO, as an order that can be issued regardless of the proceedings, only requires a report from any person about the fact of domestic violence. Internal affairs bodies can issue a TSO. Therefore, no hearing is needed and the presence of the victim is not obligatory.

Articles 25 and 26 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence" are relevant in this regard.

An RO can only be issued if the motion of the victim was made in a hearing. However, a representative can also make a motion in a hearing, instead of the victim.

Article 124 of Criminal Procedure Code No. 20 of the Kyrgyz Republic of 2 February 2017 is relevant in this regard.

Yes. Besides the prohibition on approaching the victim, Law No. 170 of 16 August 2006 "On the Protection of the Rights of Participants in Criminal Proceedings" provides other protective measures, such as personal security, and home and property security; the issuance of special personal protective equipment, communications and hazard alerts; and temporary placement in a safe place.

Yes. Orders can be issued for as long as the real threat exists.

Article 26 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence" is relevant in this regard.

Article 15.2 of Law No. 170 of the Kyrgyz Republic of 16 August 2006 "On the Protection of the Rights of Participants in Criminal Proceedings" is relevant in this regard.

No.

Selection of the degree of defense for the victim.

Only a judge can grant an RO. The only discretion available to the victim is the inclusion or noninclusion of certain terms of the RO, such as a prohibition against visiting certain places.

A judge can also grant other defensive measures, such as relocation to another place of residence or temporary placement of the protected person in a safe place. These measures are universal and not only applicable in cases of domestic violence.

Law No. 170 of the Kyrgyz Republic of 16 August 2006 "On the Protection of the Rights of Participants in Criminal Proceedings" is relevant in this regard.

No.

This is only possible under common provisions. Law No. 63 of the Kyrgyz Republic of 27 April 2017 is silent on the specific provisions regarding the possibility of asking for costs or restitution. Therefore, these can only be recovered due to the common civil provisions (only if a victim has losses, damages or moral damage).

Articles 14-17 of Civil Code No. 15, Part I of the Kyrgyz Republic of 8 May 1996 are relevant in thisregard.

Property damage caused to the protected person in connection with their participation in criminal proceedings is subject to compensation.

The victim can also rely on the common provisions of the Code of Criminal Procedure. According to this code, moral damage, property damage, loss of earnings and transport costs can be claimed. If a victim is unemployed, they can also ask for an award due to being distracted from ordinary activities.

The following legislation is relevant in this regard:

• Article 16 of Law No. 170 of the Kyrgyz Republic of 16 August 2006 "On the Protection of the Rights of Participants in Criminal Proceedings"
• Articles 143 and 336 of Criminal Procedure Code No. 20 of the Kyrgyz Republic of 2 February 2017

This is only possible due to the participation in a criminal procedure. Lost wages and profits can only be recovered due to the common provisions of the Code of Criminal Procedure (see the first question of Section 4.4).

This depends on the type of order. A TSO as an out-of-court order does not entail any rights to ask for costs or restitutions. These can only be claimed if there is damage or loss. Therefore, any costs or restitutions can only be requested in a separate civil judicial manner.

The following legislation is relevant in this regard:

• Law No. 170 of the Kyrgyz Republic of 16 August 2006 "On the Protection of the Rights of Participants in Criminal Proceedings"
• Articles 14-17 of Civil Code No. 15, Part I of the Kyrgyz Republic of 8 May 1996
• Code No. 14 of the Kyrgyz Republic of 25 January 2017 "Civil Procedure Code of the Kyrgyz Republic"
• Criminal Procedure Code No. 20 of the Kyrgyz Republic of 2 February 2017

For an RO, a separate process is not required. In the sentencing phase of the criminal process, the judge must resolve the issues of costs and restitutions.

Articles 143 and 336 of Criminal Procedure Code No. 20 of the Kyrgyz Republic of 2 February 2017 are relevant in this regard.