4.1 Civil protection orders
4.1.1 Are there civil protection orders available to victims of domestic abuse?
Civil protection orders do not appear to be available to victims of domestic abuse in Myanmar. However, there are limited services and shelters for survivors of domestic violence, including around 50 to 70 counseling centers run by the Myanmar Women's Affairs Federation (MWAF).[26] These organizations also provide legal protection, necessary suggestions, referrals and a lawyer if needed.[27]
There are community-based centers in four townships in collaboration with the Department of Social Welfare and the MWAF. These centers provide resources to record cases to bring actions to the police or the courts.[28]
In Myanmar, there is a recognized need for civil protections for victims of domestic abuse because none currently exists. These recommendations include the following:[29]
- A basic package of frontline response for violence against women (including emergency health services, police responses, legal aid, shelters/safe spaces and psychosocial counseling/support) should be made available and accessible to all women.
- Courtroom and legal proceedings should be gender-sensitive and survivor-centered (for example, by allowing private and separate interviews for survivors and perpetrators of violence by trained interviewers; ensuring safe spaces and security guarantees for survivors before, during and after judicial processes; and witness protection).
4.1.2 Who can petition for civil protection orders?
Please see Section 4.1.1.
4.1.3 Are there temporary custody of a child or child support orders?
Please see Section 4.1.1.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
Please see Section 4.1.1.
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
Please see Section 4.1.1.
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
Please see Section 4.1.1.
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
Please see Section 4.1.1.
4.1.8 Are ex parte orders permitted without the aggressor being present?
Please see Section 4.1.1.
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
Please see Section 4.1.1.
4.1.10 How long do the orders last?
Please see Section 4.1.1.
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.
4.2 Steps for receiving a protective order
4.2.1 What documentation is needed to obtain a civil protection order?
4.2.2 Does the victim need to attend a hearing?
4.2.3 Can you request remedies?
4.2.4 Are there time limits?
4.2.5 Are there different rules in emergencies?
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?
4.3.2 Are there age limits on who can obtain orders?
4.4 Restitution and remedies available to victims
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
4.4.2 Can they recover wages and profits lost?
4.4.3 Is a separate civil process required?
