4.1 Civil protection orders
4.1.1 Are there civil protection orders available to victims of domestic abuse?
Two types of civil protection orders are available to victims of domestic abuse under the Domestic Violence Act, as follows:
- Section 4(7) of the Domestic Violence Act (protection while a preliminary investigation is ongoing): If it is "found necessary" to do so, immediate protection may be provided to the victim and their dependents "from the preliminary investigation" with "the assistance of the police." This appears to apply while the "preliminary investigation" is ongoing. It is unclear how "necessary" is defined and there appears to be no accompanying rules. Although the drafting is unclear, it is likely that the National Women Commission or a local body would recommend to the police that it is necessary to provide protection pending the completion of the "preliminary investigation."
- Section 6(1) of the Domestic Violence Act (interim protection order): An interim protection order may be granted by the court pending the "final decision" if it has reason to believe "on the basis of preliminary investigation of the complaint that the Victim needs to be given immediate protection." An interim protection order may allow the victim to continue to live in the shared house, provide him/her with food/clothes, require the perpetrator not to threaten the victim, etc. There is no specified timeframe for the "preliminary investigation." If following the "preliminary investigation" the court has reason to believe that the victim needs to be given immediate protection under Section 6(1) of the Domestic Violence Act, under Section 6(2) of the Domestic Violence Act, the court is required to issue an "appropriate order for the protection of the minor children or any other dependent of the Victim."
4.1.2 Who can petition for civil protection orders?
Victims may apply for the Nepalese equivalent of a civil protection order under the Domestic Violence Act. Generally, a "victim" is defined as a person who is or has been in a domestic relationship with "the defendant" and who alleges to have been subjected to an act of domestic violence by "the perpetrator." A "domestic relationship" means a relationship between two or more persons living together in a shared household who are related by descent, marriage, adoption or are family members living together as a joint family "or a dependent domestic help living in the same family." Although it is not clear from the drafting of the Domestic Violence Act, "the defendant" appears to be the same as "the perpetrator." It appears that a "victim" includes both male and female victims.
4.1.3 Are there temporary custody of a child or child support orders?
If it is found necessary to provide protection from the preliminary investigation of the complaint (i.e., where an interim protection order has been made under Section 6(1) of the Domestic Violence Act), under Section 6(2) of the Domestic Violence Act, the court must issue "an appropriate order for the protection of the minor children." It is unclear whether "appropriate order for the protection of the minor children" includes a custody or support order, but it seems likely that custody or support orders would be in the scope of the definition of an "appropriate order," subject to a determination by the court.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
An interim protection order issued by the court under Section 6(1) of the Domestic Act following a "preliminary investigation" may include making the necessary arrangements for the "separate stay" of the perpetrator where it is not conducive for the perpetrator to live together with the victim, and to "make necessary arrangements for the maintenance of the Victim," which is likely to include funding the victim's separate residence.
Section 11 of the Domestic Violence (Crime and Punishment) Act, 2067 delegates authority to the government of Nepal to establish service centers for the "immediate protection" of victims, and for separate accommodation for victims undergoing treatment for physical or mental injuries sustained as a result of domestic violence. Although the drafting of the statute is unclear, it seems likely that the police's assistance (in the event that immediate protection is needed during the preliminary investigation) could include ordering the abuser to stay away from the victim, although it is not clear how receptive the police would be to a request for this type of remedy.
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
It is unclear whether there are any other types of emergency, preventive or civil protection orders outside the Domestic Violence Act, although Section 4(6) of the Domestic Violence Act requires that the body (such as the police) to which a complaint of domestic violence has been made "immediately" send a victim to the nearest hospital or health post for a necessary checkup where the victim has been "physically wounded or mentally tortured."
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
Yes. Under Section 4(1) of the Domestic Violence Act, any person "who has knowledge" that an act of domestic violence "has been committed, or is being committed, or (is) likely to be committed" may file a written or oral complaint with the police, National Women Commission or a local body.
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
Yes. Under Section 6 of the Domestic Violence Act, interim protection orders may be granted to provide immediate protection to a victim and pending a final decision. A variety of interim orders can be made, including the following:
- right to reside in the home
- proving treatment or financial aid for any injury
- moving the perpetrator and maintenance
- order not to threaten or harass the victim (including in public, at work, etc.)
4.1.8 Are ex parte orders permitted without the aggressor being present?
No. Section 4(10) of the Domestic Violence Act refers to the presence of the perpetrator during the process. However, the police have the power to provide immediate protection (Section 4(7) of the Domestic Violence Act).
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
They only extend to minor children and other dependents, as provided for by Section 6(2) of the Domestic Violence Act.
4.1.10 How long do the orders last?
The order lasts until a final decision on the complaint is made.[4]
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.
The law provides for mediation as a means to resolve domestic violence. This seems to be the preferred method of resolution and prosecution only occurs if mediation fails.[5]
The latest statistics from the police indicate that out of 158 complaints, 4% were forwarded to a concerned agency; mediation accounted for 42% and 54% were in progress.[6]
The patriarchal society in Nepal should be noted, as many unlawful practices continue, for example, psychological abuse connected to requiring a dowry and the exclusion of women from the home when menstruating.
4.2 Steps for receiving a protective order
4.2.1 What documentation is needed to obtain a civil protection order?
A complaint may be filed orally or in writing with the police, National Women Commission or local court. The complaint will be registered and, if made orally, put in writing and signed by the victim.
The process to be followed involves mediation with the perpetrator to be performed within 30 days (this appears to be the preferred method to resolve domestic violence cases).
4.2.2 Does the victim need to attend a hearing?
Yes; however, this is at the request of the victim. Proceedings can be in private or public.[7]
4.2.3 Can you request remedies?
Yes, both for medical treatment and compensation for pain.[8]
4.2.4 Are there time limits?
Yes. Complaints must be filed within 90 days of the crime.[9]
4.2.5 Are there different rules in emergencies?
The police can provide immediate assistance after a preliminary investigation. However, as mediation is the preferred method to resolve domestic violence cases, it is unclear if this power is exercised.
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?
The court must have "reason to believe, on the basis of preliminary investigation of the complaint that the Victim needs to be given immediate protection."[10]
4.3.2 Are there age limits on who can obtain orders?
We were unable to locate any specific information, although there is a list of persons who can raise a complaint under Section 2 of the Domestic Violence Act.
4.4 Restitution and remedies available to victims
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
Yes. The perpetrator is responsible for any medical costs for treating physical or mental injuries. If the perpetrator cannot pay, the service center can provide support. An application can be made for compensation for pain.[11]
4.4.2 Can they recover wages and profits lost?
The statute does not explicitly mention lost wages and profits. However, the Domestic Violence Act states that perpetrators may be held responsible for the costs associated with the victim's treatment for physical and mental harm. Further, depending on the nature and degree of the act, the perpetrator may also be ordered to pay compensation to the victim. The economic and social status of the perpetrator and the victim are considered when determining the compensation. Therefore, there is potential for arguments to be made to have the "compensation" cover lost wages and profits. However, the success of these arguments would be somewhat speculative.
4.4.3 Is a separate civil process required?
Based on the Domestic Violence Act, the court may both impose a criminal punishment, such as jail time, and require the perpetrator to pay for treatment/compensate the victim based on the nature of the crime. A separate civil process may not be required for the victim to obtain compensation from the perpetrator.[12]
