The most relevant regulations on domestic violence in Belgium are as follows:

Relevant provisions of the Belgian Criminal Code include^[1]

Article 327 of the Criminal Code

Anyone who, either verbally or in writing, anonymously or signed, with order or under conditions, threatens with an attack against people or property, punishable by a criminal penalty, will be punished by imprisonment of six months to five years and a fine of EURO 100 to EUR 500.

The anonymous or signed threat in writing of an attack against people or property punishable by a criminal penalty, not accompanied by an order or condition, will be punished by imprisonment from three months to two years and a fine of EUR 50 to EUR 300.

Article 329 of the Criminal Code (threat)

The threat by gestures or emblems of an attack on persons or property, punishable as a criminal offense, will be punishable by imprisonment from eight days to three months and a fine of EUR 26 to EUR 100.

Article 330 of the Criminal Code (threat)

The threat, either made verbally or in writing, anonymously or signed, with an order or condition, of an attack on persons or property, punishable by imprisonment for a term of at least three months, will be punishable by imprisonment for eight days to three months and a fine of EUR 26 to EUR 100.

Article 348 of the Criminal Code (forced abortion)

Whoever, a doctor or not, by any means whatsoever, deliberately causes an abortion in a woman who has not consented to it, will be punished by imprisonment from five to 10 years. If the means used have failed to achieve their effect, Article 52 will be applied [according to which the attempted crime is punished with a penalty immediately lower than the one for the crime itself].

Article 349 of the Criminal Code (abortion caused by violence)

When the abortion was caused by violence exercised voluntarily, but without intention to produce it, the perpetrator will be punished with imprisonment from three months to two years and a fine of EUR 26 to EUR 300. If the violence was committed with premeditation or with knowledge of the woman's condition, imprisonment will be from six months to three years, and the fine will be from EUR 50 to EUR 500.

Article 371/1 of the Belgian Criminal Code (voyeurism)

Whoever has:

1. observed or caused to be observed a person, or made or caused to be made a visual or audio recording of a person: (i) directly or by technical or other means; (ii) without that person's authorization or without his or her knowledge; (iii) while the person was nude or engaged in explicit sexual activity; and (iv) in circumstances in which the person could reasonably be expected not to invade his or her privacy
   
   
2. showed, made accessible or disseminated images or the visual or audio recording of a person who is nude or engaged in explicit sexual activity, without his or her consent or without his or her knowledge, even if that person has consented to their production

will be punished by imprisonment from six months to five years.

The sentence is 10 to 15 years of imprisonment if the victim was under 16. There is an irrefragable presumption of absence of consent for victims under 18.

Article 372 of the Criminal Code (indecent assault without violence or threats)

Any indecent assault committed without violence or threats against the person or with the help of a child of either sex, under the age of 16, will be punishable by imprisonment from five to 10 years. An indecent assault committed without violence or threats by any ascendant or adopter on the person or with the help of a minor, even if the minor is older than 16 years old, will be punishable by imprisonment for 10 to 15 years. The same penalty will be applied if the offender is the brother or sister of the minor victim or any person occupying a similar position within the family, or any person habitually or occasionally cohabiting with him or her and having authority over the victim.

Article 373 of the Criminal Code (indecent assault with violence or threat)

Indecent assault committed on people or with the help of people of one or the other sex, with violence, constraint, threat, surprise or ruse, or which was made possible by reason of an infirmity or physical or mental deficiency of the victim, will be punishable with imprisonment for six months to five years. If the attack was committed on a person [or with the aid of a person] over the age of 16, the penalty will be imprisonment (for five to 10 years). The penalty will be (imprisonment) for 10 to 15 years, if the minor was less than 16 years old.

Article 375 of the Criminal Code (rape)

Any act of sexual penetration, of any nature and by any means whatsoever, committed on a person who does not consent, constitutes the crime of rape. Consent does not exist, in particular, when the act has been imposed by violence, coercion, threat, surprise or deception, or has been made possible by the physical or mental infirmity or disability of the victim.

Article 376 of the Criminal Code (rape causing death)

If the rape or indecent assault caused the death of the person who it was committed on, the perpetrator will be punished with imprisonment for 20 to 30 years. (If the rape or indecent assault was preceded or accompanied by the acts referred to in Article 417-ter, paragraph 1 [torture], or of sequestration, the perpetrator will be punished by imprisonment for 15 to 20 years.)

If the rape or indecent assault was committed on a person [whose situation of vulnerability due to age, pregnancy, illness, disability or a physical or mental deficiency was apparent or known to the perpetrator], either under the threat of a weapon or an object that resembles it, the perpetrator will be punished with imprisonment for 10 to 15 years.

Article 391-bis of the Criminal Code (nonpayment of alimony/maintenance)

A person will be punished by imprisonment for eight days to six months and a fine of EUR 50 to EUR 500, or by one of these penalties only, without prejudice, if necessary, to the application of more severe criminal sanctions, who, having been sentenced by a judicial decision to provide alimony to his spouse, his descendants or his ascendants, has voluntarily remained for more than two months without paying the alimony.

Article 391-sexies of the Criminal Code (forced marriage)

Anyone who, by violence or threats, forces someone to enter into marriage will be punished by imprisonment for three months to five years and a fine of EUR 250 to EUR 5,000.

Article 393 of the Criminal Code (murder)

Homicide committed with intent to cause death is qualified as murder. It will be punished by imprisonment for 20 to 30 years.

Article 394 of the Criminal Code (assassination)

Premeditated murder qualifies as assassination. It will be punished by life imprisonment.

Article 397 of the Criminal Code (poisoning)

Poisoning is defined as murder committed by means of substances that can cause death more or less promptly, in any manner in which such substances are used or administered. It will be punished by life imprisonment.

Article 398 of the Criminal Code (assault and battery)

Anyone who willfully assaults will be punished with imprisonment for eight days to six months and a fine of EUR 26 to EUR 100, or with one of these penalties only.

Article 399 of the Criminal Code

If the assault or injury caused personal illness or incapacity to work, the perpetrator will be punished with imprisonment for two months to two years and a fine of EUR 50 to EUR 200.

Article 401 of the Criminal Code (assault and battery causing death)

Where the assault or battery, done voluntarily, but without intent to cause death, has nevertheless caused it, the perpetrator will be punished by imprisonment for five to 10 years.

The perpetrator will be punished by imprisonment for 10 to 15years, if he has committed these acts of violence with premeditation.

Article 402 of the Criminal Code (poisoning impairing health)

Whoever has caused to another person personal illness or incapacity to work by giving voluntarily, without intent to kill, substances that may cause death, or substances that, without being of such a nature as to cause death, may nevertheless seriously impair health, will be punished with imprisonment for three months to five years and a fine of EUR 50 to EUR 500.

Article 403 of the Criminal Code (poisoning with incurable illness)

The penalty will be imprisonment from five to 10 years, when these substances have caused either an illness that appears incurable, or personal incapacity to work for more than four months or the loss of the absolute use of an organ.

Article 404 of the Criminal Code (poisoning with death)

If the substances administered voluntarily, but without intent to cause death, nevertheless caused it, the perpetrator will be punished by imprisonment for 15 to 20 years.

Article 409 of the Criminal Code (genital mutilation)

Anyone who has practiced, facilitated or promoted any form of mutilation of the genital organs of a female person, with or without her consent, will be punished by imprisonment for a term of three to five years.

An attempt of genital mutilation will be punished by imprisonment for a term of eight days to one year. The same penalty as an attempt will be imposed on anyone who incites the practice of any form of mutilation of the genital organs of a female person or has, directly or indirectly, in writing or verbally, made, caused, published, distributed or disseminated publicity in favor of such a practice.

If the mutilation is practiced on a minor or for profit, the penalty will be imprisonment for five to seven years.

When the mutilation has caused a seemingly incurable illness or a personal incapacity for work of more than four months, the penalty will be imprisonment for five to 10 years.

When mutilation is carried out without intention to kill but, nevertheless, causes it, the penalty will be imprisonment for 10to 15 years.

If the mutilation was carried out on a minor or a person who, because of his or her physical or mental state, was not able to provide for his or her maintenance, by his or her father, mother or other ascendants, any other person having authority over the minor or the incapable person or having custody, or any person who cohabits occasionally or habitually with the victim, the minimum of the penalties given above will be doubled in the case of imprisonment, and increased by two years in the case of seclusion.

Article 410 of the Criminal Code

In the cases mentioned in Articles 398 to 405 of the Criminal Code, if the perpetrator has committed the crime or the offense against his or her father and mother or other ascendants [in direct line or collateral up to the fourth degree], the minimum penalty carried by these articles will be doubled in the case of imprisonment, and increased by two years in the case of seclusion.

The same will apply if the perpetrator has committed the crime or the offense against his or her spouse or the person with whom he or she cohabits or has cohabited and maintains or has maintained a lasting emotional and sexual relationship. (In addition, in the case referred to in Article 398, paragraph 1, the maximum penalty is increased to one year's imprisonment.)

Article 417-bis of the Criminal Code (defining torture, inhuman treatment and degrading treatment)

1. Torture: any deliberate inhuman treatment that causes severe pain or very severe and cruel suffering, whether physical or mental.
   
   
2. Inhuman treatment: any treatment by which severe mental or physical suffering is intentionally inflicted on a person, in particular for the purpose of obtaining information or a confession from that person, punishing him or her, putting pressure on him or her or intimidating that person or third parties.
   
   
3. Degrading treatment: any treatment that causes serious humiliation or degradation to a person who is subjected to it, in the eyes of another person or in his or her own eyes.

Article 417-ter of the Criminal Code (torture)

Anyone who subjects a person to torture will be punished by imprisonment for 10 to 15 years. Torture will be punished by 20 to 30 years of imprisonment:

1. When it has been committed against a minor or against a person who, because of his or her physical or mental condition, was unable to provide for his/her maintenance, by his/her father, mother or other ascendants, any other person having authority over him/her or having custody of him/her, or any person of full age who occasionally or habitually cohabits with the victim.
   
   
2. When it has caused death and it was committed without intent to cause it.

Article 417-quater of the Criminal Code (inhuman treatment)

Anyone who subjects a person to inhuman treatment will be punished with imprisonment for five to 10 years. A person will be punished with imprisonment for 20 to 30 years either when:

1. it has been committed against a minor or against a person who, because of his or her physical or mental condition, was unable to provide for his/her maintenance, by his/her father, mother or other ascendants, any other person having authority over him/her or having custody of him/her, or any person of full age who occasionally or habitually cohabits with the victim
   
   
2. it has caused death and was committed without intent to cause it

Article 417-quinquies of the Criminal Code (degrading treatment)

Anyone who subjects a person to degrading treatment will be punished with imprisonment for 15 days to two years and a fine of EUR 50 to EUR 300 or one of these penalties only.

Article 431 of the Criminal Code (nonrestitution of a child)

Relevant provisions of the Belgian Civil Code^[2]

Article 223 of the Belgian Civil Code

This article authorizes the family court to take urgent measures if one of the spouses is in serious breach of his or her duties or if the agreement between spouses is seriously disturbed.

If one of the spouses seriously fails in their duties, the Family Court orders, at the spouse's request, urgent measures in accordance with articles [1253-ter/4 to 1253-ter/6] of the Judicial Code.

It is the same at the request of one of the spouses, if the agreement between them is seriously disturbed.

Article 374 of the Civil Code (interests of the child)

This article refers to the interests of the child being taken into consideration by the judge when deciding on the granting of parental authority and the organization of access rights. The court decides, "taking into account the concrete circumstances of the case and the interests of the children and parents."

Article 1479 of the Civil Code

This article authorizes the family court to take urgent measures if the harmony between the legal cohabitants is seriously disturbed. It provides:

If the harmony between the legal cohabitants is seriously disturbed, the Family Court orders, at the request of one of the parties, urgent measures similar to those provided for in articles 1253-ter/5 and 1253-ter/6 of the Judicial Code.

The Court fixes the period of validity of the measures it orders. In any event, these measures cease to produce their effects on the date of the termination of legal cohabitation, as provided for in Article 1476, § 2, paragraph 6, of the Civil Code, unless these measures concern the common children of legal cohabitants.

After the termination of legal cohabitation, and provided that the request has been made within three months of this cessation, the Court orders the urgent and provisional measures justified by this cessation. It fixes the period of validity of the measures it orders.

The court orders these measures in accordance with Articles 1253-ter to 1253-octies of the Judicial Code.

Article 1382 of the Civil Code (civil liability)

This article provides for compensation, provided a fault, prejudice and causation have been demonstrated.

Relevant provisions of the Belgian Judicial Code ("Judicial Code") regarding urgent and temporary measures^[3]

Articles 1253-ter to 1253-octies of the Judicial Code and Article 1280 of the Judicial Code

These provisions cover urgent and temporary measures that can be decided by the family court, including measures relating to residence and parental authority, among others:

• to order or modify any provision relating to parental authority, accommodation and the right to personal relations
• to fix, modify or cancel support payments
• to fix the separate residences of the spouses and legal cohabitants, etc.

Relevant Belgian federal acts^[4]

Act of 1 August 1985 establishing the Commission for Financial Aid to Victims of Intentional Acts of Violence and the conditions under which the commission may grant aid

The commission established by the act may grant, under certain conditions, financial aid to victims of intentional violence, as well as their relatives, for example, if the perpetrator is unknown or proves to be insolvent.

Royal Decree of 9 March 1995 organizing the protection of staff members against sexual harassment in the workplace in the administration and other services of federal departments as well as in some public interest organizations

This royal decree contains a policy statement against sexual harassment in the workplace. It provides for the establishment in each department of a "trust service," composed of staff members, whose role is to provide for advice and help to resolve the issue raised. It also provides that any act of sexual harassment in the workplace may give rise to disciplinary proceedings.

Act of 27 March 1995 inserting Article 380-quinquiesinto the Criminal Code and repealing its Article 380-quater, paragraph 2 (current Article 380-terof the Criminal Code)

This act deals with the prohibition of advertising for sexual services with a direct or indirect profit-making aim toward minors or prostitution.

Act of 13 April 1995 on sexual abuse of minors

According to this act, the limitation period begins to run from the day the victim turns 18. This applies to "any person who has offended against morals by exciting, promoting or facilitating, (...) the prostitution of a minor of either sex."

This law also sets out the right of minors to be accompanied at the hearing, reinforces the obligation of notification, modifies the penalties and binds the enforcement of the freedom of a convicted person for such acts to an obligation of accompaniment or treatment.

This law also provides for the "correctionalization" of the crime of rape, which allows the criminal judge to rule on the case. This is quicker and protects the minor victim from a painful case before the court of assize (jury trial).

Act of 4 August 1996 on the well-being of workers in the performance of their work, as supplemented by a royal decree of 17 May 2007 on the prevention of the psychosocial burden caused by work, including violence, stress, moral and sexual harassment

This act devotes a specific chapter to violence and moral or sexual harassment at work, which contains a definition of punishable behaviors and the obligations of employers to prevent or act against such behaviors. Sexual harassment in the workplace is defined as "any unwanted verbal, nonverbal or physical conduct with a sexual connotation that has the purpose or effect of violating the dignity of a person or of creating an intimidating, hostile, degrading, humiliating or offensive environment."

The employer must pay attention to violent and harassing behavior, and all other situations that create a psychosocial burden (such as stress, conflicts, etc.).

Act of 24 November 1997 aimed at combating violence within the couple amending article 410 of the Criminal Code

This act provides (Article 410 of the Criminal Code) for aggravating circumstances in cases of physical violence between the couple. The law also applies to former partners. The law extends the possibility to undertake, as quickly as possible, the legal steps to physically remove the perpetrator of physical violence from the victim, to arrest him/her and to be able to proceed with the formal declaration of the facts when the victim requests it.

Act of 30 October 1998 inserted Article 442-bisin the Criminal Code in order to incriminate the harassment — article modified by the law of 25 March 2016 and Act of 25 March 2016 amending article 442-bisof the Criminal Code

These acts introduce the concepts of psychological violence and harassment into the Criminal Code (Article442-bis). The law punishes harassment with a prison sentence of 15 days to two years and a fine of EUR 50 to EUR 300 or one of these penalties.

Act of 23 November 1998 establishing the regime of legal cohabitation

Act establishing legal cohabitation and notably giving the power to the justice of the peace to order urgent and provisional measures if the cohabitation between the legal cohabitants is seriously disrupted. Urgent and provisional measures may also be ordered on an ex-cohabitant (maximum one year after termination).

Act of 28 January 2003 on the allocation of family housing to a spouse or legal cohabitant who is a victim of physical violence by his or her partner and supplementing Article 410 of the Criminal Code("Act of 28 January 2003")

This act provides for an increase in the aggravating circumstances contained in Article 410 of the Criminal Code, by increasing the maximum sentence to one year in prison. This allows the judge in case of assault and battery and (attempted) poisoning, to apply preventive detention or to issue an arrest warrant, the perpetrator may be removed from the conjugal home. The act also provides that in the event of (attempted) assault and battery in the context of a temporary separation of spouses or legal cohabitants, or divorce, the justice of the peace grants the enjoyment of the common residence to the victim.

Act of 13 June 2005 on electronic communications — harassment by means of communication

This act penalizes three incriminations:

1. The use of an electronic communications network or service or other means of electronic communications in order to annoy the other party or to cause annoyances, nuisance or prejudice (one occurrence is sufficient, repetition of the act is not required compared to general harassment provision)
   
   
2. installation by any person of a device intended to commit the offense of "phone" harassment
   
   
3. attempted "phone" harassment

Act of 17 May 2006 on the External Legal Status of Persons Sentenced to Imprisonment and the Rights of the Victim

This act provides the victims with the following rights: 1) to be informed of decisions on the granting of a sentence to the convicted person; 2) to formulate special conditions that could be imposed on the convicted person; and 3) be heard by the court in relation to particular conditions of the sentence.

Act of 25 April 2007, inserting Article 391-sexiesinto the Criminal Code and amending certain provisions of the Civil Code to criminalize and expand the means to annul forced marriage, as amended by the Act of 2 June 2013 amending the Civil Code to extended protection to cohabitation of convenience and increasing the sanction for forced marriage or marriage of convenience

The act introduces the following article into the Civil code:

There is no legal cohabitation when, although the will of the parties to cohabit legally has been expressed, it appears from a combination of circumstances that the intention of at least one of the parties is clearly aimed solely at obtaining an advantage in terms of residence, linked to the status of legal cohabitant.

The law also provides that the judge may declare the nullity of marriage or legal cohabitation, in addition to pronouncing a sentence. According to the new law, criminal penalties are increased: any person who, by violence or threats, will have forced someone to enter into a marriage (Article 391-sexies) or cohabitation (Article 391-septies) will be punished by imprisonment for three months to five years and a fine of EUR 250 to EUR 5,000 (the attempt: two months to three years or fine of EUR 125 to EUR 2,500).

Act of 26 November 2011 amending the Criminal Code to criminalize the abuse of a person's position of weakness and to extend the criminal protection of vulnerable persons against mistreatment

The act provides for aggravating circumstances for criminal offenses committed against a person who is in a vulnerable situation due to age, pregnancy or other circumstances.

Act of 10 May 2007 combating discrimination between women and men ("Act of 10 May 2007")

Act combating discrimination between women and men.

Act of 23 February 2012 amending Article 458-bisof the Criminal Code to extend the exceptions to professional secrecy

This act expands the list of offenses for which professionals under professional secrecy have a delimited and conditional right to speak in order to denounce to the prosecutor the acts of domestic violence.

Act of 15 May 2012 on the temporary residence ban in the event of domestic violence and the law of 15 June 2012 to punish noncompliance with this ban, and amending Articles 594 and 627 of the Judicial Code, as amended by the Act of 5 May 2019

The act provides for the public prosecutor to order the temporary ban of a person from his or her residence, in the event of a serious and immediate threat to the safety of one or more persons under the same roof. The law targets violence between partners but also acts of violence committed, for example, on children. The person being banned will have to leave the common residence immediately and will be prohibited from entering, stopping, being present and coming into contact with persons covered by the order. The ban/prohibition is valid for a maximum of 14 days. A hearing must be scheduled within this period. The family court will be able to lift the ban or extend it for a maximum of three months. Noncompliance with the ban order is penalized by criminal sanctions.

Act of 5 May 2014 amending Article 409 of the Criminal Code criminalizing incitement to practice genital mutilation in women

This act makes punishable inciting the practice of any form of mutilation of the genital organs of a female person or of having, directly or indirectly, in writing or orally made, caused to be made, published, distributed or disseminated advertising for such a practice.

Act of 22 May 2014 tending to combat sexism in the public space and amending the Act of 10 May 2007 to combat discrimination between women and men

Sexism can be punishable by a prison sentence of one month to one year and a fine of EUR 50 to EUR 1,000 or one of these penalties only. This act also penalizes any form of direct or indirect discrimination based on gender.

Act of 1 February 2016 amending various provisions on indecent assault and voyeurism

The act amends the offenses of indecent assault and rape to ensure more consistency. It includes the notions of "constraint, surprise or trickery." Article 375 on rape specifies that "there is no consent, in particular when the act has been imposed by violence, coercion or deceit (...)." This presumption of lack of consent is irrefutable.

The act also inserts the offense of voyeurism into the Criminal Code (Article 371/1). It is intended to punish the direct espionage or the recourse to any other technical means of a naked person, or engaging in an explicit sexual act while he or she is in circumstances where he or she can reasonably consider that his or her privacy will not be violated. Film and audio recording are both covered. This infraction also covers "revenge-porn." "Naked person" refers to a person who exhibits a body part that, on the basis of current social norms and the collective consciousness of modesty, would have been kept covered if the person knew they were being spied on or filmed without their permission.

Act of 25 March 2016 amending Article 442-bisof the Criminal Code

Harassment is no longer an offense prosecuted upon complaint. This means that the public prosecutor can now prosecute harassers without a complaint having been filed by the victim.

Act of 9 April 2017 on the European Protection Order

This act implements Directive 2011/99/EU of the European Parliament and the Council of 13 December 2011 on the European Protection Order and the possibility to enforce a protective order (e.g., prohibition of contact with the perpetrator) in another EU member state for a victim of a criminal act that may endanger his/her life, physical or psychological integrity, dignity, personal liberty or sexual integrity.

Act of 18 June 2018 on the fight against acts of violence perpetrated in the name of culture, custom, religion, tradition or so-called "honor," including genital mutilation

This act extends the possibility of lifting the professional secrecy provided for in Article 458-bisof the persons who are victims of violence perpetrated in the name of culture, custom, religion, tradition or so-called "honor."

Relevant ministerial directives and circulars^[5]

Ministerial Directive of 15 September 2005 on the Sexual Assault Set for judges of the Public Prosecutor's Office and police services

The set consists of two sets: the packaged set contains instructions and medical equipment for the doctor, instructions and recommendations for the police officer and information for the victim. This set is aimed at: (i) standardizing the findings relating to acts of rape or indecent assault; (ii) optimizing the data collection to identify the perpetrator; and (iii) limiting the psychological disruption caused by sexual assault and secondary victimization, providing the victim and their relatives with attention and assistance throughout the process.

Joint Circular 4/2006 of the Minister of Justice and the College of Public Prosecutors relating to the general criminal policy on domestic violence in the couple, as revised on 12 October 2015 ("COL 4/2006")

The objectives of the circular are to: i) determine the guidelines for the police; ii) develop a uniform system of identification and registration of violence in the couple by the police and the public prosecutor's office; iii) determine the minimum measures to be applied in all the judicial districts of the country, and stimulate specific local actions; and iv) provide the judiciary and police with the tools and references that can support their action.

Joint Circular 18/2012 (revised version March 2020) from the Minister of Justice and the College of Prosecutors General, regarding the temporary ban on residence in case of domestic violence ("COL 18/2012")

This circular's main objectives is to: (i) identify the questions and difficulties resulting from the inaccuracies or gaps of the Act of 15 May 2012 on the temporary ban on residence in the event of domestic violence and provide answers to them; and (ii) standardize its application and specify the role of the interveners (public prosecutor's office, police and victim reception service).

Joint Circular 6/2017 of the Minister of Justice and the College of Public Prosecutors on the policy of investigation and prosecution of honor-related violence, female genital mutilation and forced legal marriages and cohabitations

The circular provides guidelines to the magistrate for the conduct of their investigations, including the need to identify all the perpetrators, coauthors or accomplices involved; and the rules to be followed with regard to videotaped hearings. The circular affirms the need to reserve a response to each file when the investigation has established that such an offense has been committed.

Ministerial Circular of 29 May 2019 on the harassment alarm in the context of violence between ex-partners ("Circular of 29 May 2019")

The circular implements a harassment alarm in the context of violence between ex-partners. The harassment alarm is an application that has been integrated into the app 112 and works with a portable button connected by Bluetooth to the victim's smartphone. When the victim is in imminent danger and presses the button, a call is made to the police CIC.

This ministerial circular also aims to:

• raise police officers' awareness to the phenomenon of harassment by an ex-partner and the consequences for the victim
• ensure the correct management of the harassment alarm by the different police services
• ensure the collection of all the information necessary to allow an effective police intervention

Relevant provisions at regional/community level

Decree of 27 April 2020 relating to the development of the "women's rights" plan of the French-speaking community

This decree partially modifies the decree of 7 January 2016 and notably establishes a monitoring committee on the integration of the gender dimension in all the policies of the French Community.

Decree of the French-Speaking Community of 7 January 2016 on gender mainstreaming in all policies of the French Community

This decree transposes Article 29 of the Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equality of treatment between men and women in employment and work.

Decree of the French-Speaking Community implementing Articles 8 and 10 of the decree of 7 January 2016 on gender mainstreaming in all community policies

This decree stipulates the rules applicable to the Monitoring Committee on the integration of the gender dimension in all the policies of the French Community as established by the Decree of the French-Speaking Community of 27 April 2020 relating to the development of the "women's rights" plan of the French-Speaking Community.

Decree of the French-Speaking Community establishing the gender test model in the implementation of Articles 4 and 6 of the decree of 7 January 2016 relating to gender mainstreaming across all sectors of the economy Policies of the French-Speaking Community

This Decree establishes a gender test model in the implementation of Articles 4 and 6 of the decree of 7 January 2016 relating to gender mainstreaming across all sectors of the economy.

Decree of the French-Speaking Community establishing a method for integrating the gender dimension into the budgetary cycle in the implementation of Articles 4 and 7 of the decree of 7 January 2016 relating to the integration of the gender dimension into all policies of the French-Speaking Community

This decree establishes a method for integrating the gender dimension into the budgetary cycle in the implementation of Articles 4 and 7 of the decree of 7 January 2016 relating to the integration of the gender dimension into all policies of the French-Speaking Community.

Decree of the French Community of 3 May 2019 on the fight against violence against women

This decree sets up a new specific Coordination Committee in charge of fighting violence against women, and sets up collectives of associations, recognized for a period of five years, that can benefit from annual subsidies. The committee's main mission is to submit a proposal for a "Five-year plan to combat violence against women" and to ensure its follow-up. It also ensures the accessibility of information, studies and educational tools related to this violence.

The Walloon Decree of 4 July 2013 relating to the Regulatory Code of Social Action and Health in Wallonia

This decree sets forth the conditions and subsidies to shelters that accommodate female victims of domestic violence and, where appropriate, their children.

Decree of 27 April 2020 relating to the elaboration of the "women's rights" plan of the French Community

Based upon the above-mentioned decree of 3 May 2019, this decree sets out a five-year plan for the respect, protection and realization of women's rights with the aim of achieving full equality between men and women in the policies of the French Community.

Order of the Walloon government of 26 January 2017 amending certain provisions of the Walloon Regulatory Code for Social Action and Health relating to the accommodation of people in social difficulties

This order sets up the allocation, conditions and procedure to obtain subsidies for foster home and community living spaces by province. The subsidized beds are allocated as follows:

Walloon Brabant — 160 beds

Hainaut — 681 beds

Liège — 555 beds

Luxembourg — 178

Namur — 215

Brussels Region

The Brussels government's declaration of Regional Policy 2019-2024: Brussels Plan to combat violence against women

In its Declaration of Regional Policy 2019-2024, the Brussels government expresses its ambition in fighting violence against women. By developing and implementing the first Brussels Global Plan on violence against women, the objective is to address all aspects of this issue in a coordinated, cross-cutting, transparent and effective manner. Prevention and awareness raising, as well as support for victims and facts about perpetrators, are thus addressed in this plan, which is available here: https://equal.brussels/wp-content/uploads/2020/06/Presentation_Plan_Violences_DEF.pdf.

Equality Action Plan of women and men for the city of Brussels

Evaluation carried out by the City of Brussels concerning equality of women and men in local life, in light of the city's commitments under the European Charter.

Decree of the Brussels Region of 5 October 2017 to fight against certain forms of discrimination and promote equal treatment

This order partially transposes the following European Directives:

• Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin
• Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between women and men in the access to and supply of goods and services

This order also aims at creating a general and harmonized framework for fighting against certain forms of discrimination and promoting equal treatment.

Decree of the Brussels Region of 29 March 2012 on gender mainstreaming in the policy lines of the Brussels Region and Order of the government of the Brussels Region of 24 April 2014 implementing the Order of 29 March 2012 on gender mainstreaming in the policy lines of the Brussels Region

This decree implements the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation.

By this decree, the government of the Brussels Region wishes to ensure the implementation of the objectives of the Fourth World Conference on Women held in Beijing in September 1995, and, in particular, the integration of the gender dimension in all the policies, measures, budget preparations or actions it takes, with a view to avoiding or correcting possible inequalities between women and men.

Decree of the Brussels Region of 14 July 2016 establishing a method for gender mainstreaming in the budgetary cycle

This decree establishes a method for gender mainstreaming in the budgetary cycle.

Brussels Region Order of 4 September 2008 aimed at implementing a diversity policy within public services and Government Order of 19 July 2012 implementing the Order of 4 September 2008

This decree sets forth measures aimed at ensuring diversity within public services in the Brussels Region.

Flemish Region and Community

Decree of 10 July 2009 on the framework of the Flemish equal opportunities and equal treatment policy

This decree sets out the open method of coordination (MOC) where members of the government agree together on the objectives and then each member of the government is responsible for achieving these objectives in its own area.

This decree has the following objectives:

1. to create a tolerant society that recognizes and values differences between people
2. to combat and prevent discrimination
3. to create the conditions so that everyone can participate properly in Flemish society
4. to realize equal opportunities for social groups facing backwardness or exclusion

Flemish Decree of 8 May 2009 on general social assistance

This decree organizes the missions and conditions of:

1. remote access center, which provides assistance, emergency reception, information and advice by telephone or other electronic means of communication
   
   
2. general welfare center (Centra Algemeen Welzijnswerk (CAW), which offers residential care to victims of domestic violence; in Flanders the CAWs operate three women's shelters and 13 centers providing residential care for women and men whose safety is seriously threatened)

To the best of our knowledge, there is no controlling case law specific to domestic violence in Belgium.

However, it is interesting to note that in a decision of February 2019, the constitutional court ruled that Article 40-ter of the Act of 15 December 1980, regarding access to the territory, residence, settlement and removal of foreigners, violated the right to nondiscrimination. This article allowed Belgian authorities, within five years of the recognition of the residence right, to terminate such a right that was given to a non-European individual divorced from a Belgian national and a victim of domestic violence (i.e., rape, assault and battery, poisoning), except if that individual could demonstrate that they were working in Belgium or had sufficient resources not to become a "burden" on society. Under the same circumstances of domestic violence, Belgian authorities, however, were not allowed to terminate the right of residence of a non-European foreigner divorced from another non-European foreigner admitted for limited residence, even if the latter did not have a job or sufficient resources.

The court noted that the provisions at issue give rise to a difference in treatment between non-European nationals who are divorced and who have been victims of domestic violence in the context of marriage, depending on whether they were married to another non-European national or to a Belgian national.

The family court is competent for applications relating to the temporary residence ban referred to in the Act of 15 May 2012 (Article 572-bis, 11 of the Judicial Code).

The family court is also competent for ordering (urgent) provisional measures, including, without limitation, the determination of separate residences for spouses or legal cohabitants in the circumstances of Articles 223 and 1479 of the Civil Code pursuant to Articles 1253-ter/4 to 1253-ter/6 of the Judicial Code. In that respect, it is worth noting that, pursuant to Article 1253-ter/5, al. 3 of the Judicial Code, the family court may decide that:

With respect to the determination of the separate residences referred to in [2 paragraph 1]2, 3°, if a spouse or a legal cohabitant is guilty, in respect of his or her spouse, of an act referred to in section 375, 398 to 400, 402, 403 or 405 of the Criminal Code (i.e., rape, unqualified intentional homicide and intentional physical injury) or attempted to commit an act referred to in article 375, 393, 394 or 397 of the same Code, or if there are serious indications of such behavior, the other spouse or legal cohabitant will, at his or her request and except in exceptional circumstances, be granted the use of the conjugal or common residence.

The criminal court is competent to rule on the following offenses:

• voyeurism (Article 371/1 of the Criminal Code)
• indecent assault committed against persons or with the assistance of persons of either sex, with violence, duress, threat, surprise or deception, or that was made possible because of a physical or mental infirmity or disability of the victim (Article 373 of the Criminal Code)
• (premeditated) assault and battery (Article 398 of the Criminal Code)
• voluntary administration, without intent to kill, of substances, that may cause death, resulting in personal illness or incapacity to work or substances that, although not of a nature to cause death, may nevertheless seriously impair health (Article 402 of the Criminal Code)
• harassment (Article 442-bis of the Criminal Code)

The court of assize is, in principle, competent to rule upon crimes (Article 216-novies of the Belgian Code of Criminal Procedure. Yet, under Belgian law, a large majority of crimes can be brought before the criminal court, subject to admission by the judge of extenuating circumstances (e.g., no former criminal sentences exceeding five years of imprisonment):

• rape (Article 375 of the Criminal Code)
• deliberate murder (Article 393 of the Criminal Code)
• premeditated murder (Article 394 of the Criminal Code)
• premeditated assault and battery resulting either in an illness that appears to be incurable, or in personal incapacity to work for more than four months, or in the loss of the absolute use of an organ, or in serious mutilation (Article 400, al. 2 of the Criminal Code)
• assault and battery committed against a minor or against a person whose situation of vulnerability by reason of age, pregnancy, illness, infirmity or physical or mental disability was apparent or known to the perpetrator and resulting either in an illness that appears to be incurable, or in personal incapacity to work for more than four months, or in the loss of the absolute use of an organ, or in serious mutilation (Article 405-bis of the Criminal Code)
• intentional assault and battery, without intent to cause death but that nonetheless caused death (Article 401 of the Criminal Code)
• voluntary administration, without intent to cause death, of a substance that is likely to cause death or serious impairment of health when the substance has caused an apparently incurable disease, personal incapacity to work for more than four months, the loss of an absolute organ, or death (Articles 403 and 404 of the Criminal Code) 

In order to apply for a temporary residence ban under the Act of 15 May 2012: facts or circumstances confirming that the presence of a person of full age at the residence represents a serious and immediate threat to the safety of one or more persons occupying the same residence.

From a criminal law point of view:

1. Threat: either verbally or in writing, anonymously or signed, with an order or condition, to commit a punishable attack against persons or property (Article of the 330 Criminal Code). Threats are criminalized under criminal law if they can objectively be considered likely to cause a reasonable person to have a serious fear. A mere forceful exchange between two persons is not sufficient to establish the existence of real threats.
2. Voyeurism (Article 371/1 of the Criminal Code): can be used to punish, among other things, nonconsensual image or video recording or sharing (including showing, making accessible or broadcasting).
3. Rape (Article 375 of the Criminal Code): includes any act of sexual penetration, of whatever nature and by whatever means, committed in respect of a person who has not given consent.
4. Assault and battery (Articles 410 and 398, al. 1 of the Criminal Code): there is no specific incrimination regarding honor killings, domestic and intrafamily violence, the latter being considered as an aggravating circumstance of the infraction of assault and battery.
5. Harassment (Article 442-bis of the Criminal Code): this includes acts by anyone who has harassed a person when they knew or should have known that this behavior would seriously affect the peace of mind of the harassed person; we note that harassment by electronic means of communication is also punished (see notably Article 145 §3-bis of Act of 13 June 2005).
6. Indecent assault committed with violence, duress, threat, surprise or ruse, or that was made possible by the victim's physical or mental infirmity or disability (Article 373 of the Criminal Code).
7. Sequestration/arbitrary detention (Article 434 of the Criminal Code): arresting or causing the arrest, detention or causing the detention without an order from the relevant authorities and except in cases where the law permits or orders the arrest or detention of individuals.

From a civil law point of view:

1. Serious breach of duties by one of the spouses or the agreement between spouses is seriously disturbed (Article 223 of the Civil Code).
2. The agreement between legal cohabitants is seriously disturbed (Article 1279 of the Civil Code).
3. Damages caused by the other party's fault (Article 1382 of the Civil Code).