Yes, under specific circumstances.
According to Articles 416 and 417 of the Criminal Code, self-defense can be recognized under certain conditions whereby battery is no longer considered a criminal offense. The attack and the victim's response must happen in such a way that there is no possibility of resorting to public authorities, which makes the response the only way out. In situations where the conditions stated in Articles 416 and 417 of the Criminal Code are not met, the lawyer will have to prove the continuity of the domestic abuse that has led to battered woman syndrome to justify the victim's inability to consider any outcome other than defending themselves.
According to the joint circular COL 4/2006 from the Ministry of Justice and the College of Public Prosecutors regarding criminal policy with respect to intimate partner violence, in its revised version of 2015, the police must ensure that all relevant evidence is collected and seized (e.g., torn clothing, threatening note, weapon) and that photographs are taken of traces of blows or damage to movable objects or a building.Potentially, yes. Thematic leave for domestic violence victims is not regulated under Belgian law but there is a possibility to take a care leave to help a seriously ill family member.
Care leave is a type of career interruption that allows employees to take a leave of absence for purposes of assisting a family member who suffers from a serious illness and who needs nursing. Employees are entitled to either a complete suspension of their employment contract or a 50% or 20% reduction of their working time. During this period of leave, employees are entitled to an allowance through the national social security system. In order to be entitled to care leave, a number of strict conditions must be fulfilled and a specific procedure must be followed (see Articles 3 to 5 of the Royal Decree of 10 August 1998 introducing a right to career interruption for assistance or care of a seriously ill family member or relative and Article 6/1 and following of the Royal Decree of 12 December 2001 implementing Chapter IV of the Act of 10 August 2001 on the conciliation of employment and quality of life concerning the system of time credit, career reduction and the reduction of half-time work benefits).
In addition, employees are entitled to take unpaid leave of absence for compelling reasons, i.e., unforeseeable events that have no connection with the employment relationship as such, and that require the urgent and necessary intervention of the employee.
The following circumstances can be considered to constitute a compelling reason: accident or hospitalization of a person living with the employee or a first-degree relative; major damage to the employee's house; etc. The employee has the right to be absent for the period required to overcome the emergency, with a maximum of 10 working days per calendar year (see Collective Bargaining Agreement No. 45 of 19 December 1989 on leave of absence for imperial reasons).No, Belgian law does not have specific provisions that prevent abusers from using immigration laws to perpetrate domestic violence.
Please note, however, that the Act of 15 December 1980 on access to the territory, residence, settlement and expulsion of immigrants provides that the Belgian authorities may refuse the entry to Belgian territory to an immigrant who is considered to jeopardize public tranquility and public order (Articles 3, 7 of the Act of 15 December 1980) and may recognize an expulsion decision taken against a foreigner by another EU member state, provided that such decision is justified by a serious and present threat to public order (Article 8-bis of the Act of 15 December 1980).
In addition, it is of note that this Act of 15 December 1980 protects some victims of violence against a withdrawal of their residence permit.
The right of residence may be kept in certain cases, among others, where particularly difficult situations require it. For example, when the family member demonstrates being a victim of violence in the family, as well as a victim of rape, attempted homicide or bodily harm while being in a partnership or marriage (Article 11, §2, alinea 4 and 42-quater, §4, 4° of the Act of 15 December 1980). The victim of these punishable acts must be able to demonstrate this by solid evidence.
However, this exception provided for by law does not apply to all victims of domestic violence.No, Belgian law does not have provision for immigrants who are victims of domestic violence and who cooperate with law enforcement authorities.
However, it can be noted that if an immigrant is a victim of human trafficking within the meaning of Articles 61/2 to 61/5 of the Act of 15 December 1980 on access to the territory, residence, settlement and expulsion of immigrants, they can receive a temporary residence permit or a permanent residence permit, when collaborating with the competent investigating authorities, provided certain conditions as described in those provisions are met.Under Belgian law, it is more the asylum law that discusses violence in general (without referring specifically to domestic violence) than the other way around.
In that respect, according to Article 36 of the Act of 12 July 2007 on reception of asylum seekers and certain other categories of immigrants, specialized institutions or associations providing shelter to vulnerable persons, including persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence. These institutions cooperate with the Federal Agency for the Reception of Asylum Seekers and with private or public legal entities (partner) representing the agency in order to help vulnerable persons. The vulnerable persons will receive administrative, social and material assistance according to their specific needs under the supervision of the agency or the partner. Finally, the victims of violence are also assisted in submitting their applications for international protection.
In addition, the joint circular COL 4/2006 from the Ministry of Justice and the College of Public Prosecutors regarding criminal policy with respect to intimate partner violence, in its revised version of 2015, requires police services to inform the Foreign Office if they become aware of domestic violence when the victim is in Belgium on the basis of a temporary residence permit in the framework of family reunification (in accordance with Article 44/11/9 of the Act of 5 August 1992 related to the police function). The police services have to communicate information related to the identity of the persons concerned, the nature of the violence (psychological, sexual, physical), the existence of evidence (photographs, witnesses, medical certificates), the existence of a care facility by an association or a shelter, the existence of children and whether the perpetrator is known or not known for facts of public order.
In that way, the Foreign Office will be informed of the intimate domestic violence and will be able to adopt measures to protect victims of domestic violence between partners according to Article 42-quater § 4, 4° and Article 11 §3, third alinea of the Act of 15 December 1980.No, Belgian law does not provide specific rules or a specific military protective order aimed at protecting the victim in cases where the abuser is in active military.
However, it is worth noting that victims of domestic violence can seek protection orders through criminal, civil and administrative law, as described above.Not specifically. In the event of conflicting separations, Article 374 of the Civil Code (which has been amended by the Act of 18 July 2006 providing for equal residency of children whose parents are separated and governing enforcement of residency) obliges the competent judge to prioritize shared custody for children unless they are convinced that the concrete situation does not allow for shared custody. This act does not mention domestic violence. In the event that one parent opposes the judge's decision of shared custody for specific reasons, the judge needs to prove the existence of serious contra-indications.
In addition, it can be noted that Article 387-ter of the Civil Code allows coercive measures when one of the parents does not comply with judicial decisions concerning the residency of children or the right to have contact with them.
However, in certain cases, the judge can decide, at the request of the public prosecutor, to deprive one of the parents, totally or partially, of his/her parental authority in order to protect the children (see Act of 8 April 1965 on the protection of young people, the care of minors who have committed an act classified as an offense and the reparation of the damage caused by this act). This act does not refer specifically to domestic violence but allows the judge to deprive parents of their parental authority in certain situations, in particular when the mother or the father who, by poor treatment, abuse of authority, gross misconduct or serious negligence, endangers the health, safety or morality of his or her child.Potentially yes. In accordance with Article 374 of the Civil Code, the judge has to take into account the "concrete circumstances of the case and the interests of the children and the parents" when deciding on child custody (or the right to have contact with the child).
In that respect, it is worth noting that the joint circular COL 4/2006 from the Ministry of Justice and the College of Public Prosecutors regarding criminal policy with respect to intimate partner violence, in its revised version of 2015, puts in place a framework allowing the exchange of information between police officers, judges responsible for family and juvenile cases and judges responsible for criminal cases. This has led to a system that allows civil courts to rule on custody and visitation rights while taking into account violence even if there is no prosecution. In that context, when there is a complaint motivated by violence in the couple or during a police intervention at the scene of the violence and children are involved, those children can be registered in a public prosecutor's database as a "child in danger," which enables the civil judge to access this information in order to make the right decision for the child.
However, despite this system, GREVIO notes in its report that family courts tend to disregard the situation of children who witness violence during divorce and separation proceedings.[52]No. Belgian law does not provide specific provisions preventing landlords from forcing a tenant to move out because they are victims of domestic violence.
However, Belgian law provides for certain requirements that must be met by the landlord to terminate a lease agreement before its expiry date (see Article 3, §4 of the Belgian Act of 20 February 1991 on rental leases).Yes. See above on the temporary residence ban/short-term ban.
In addition, in the event of rape, assault and battery or poisoning or attempt to commit these criminal offenses in the context of a separation of spouses or legal cohabitants or in the context of a divorce, the Family Court may order, as part of urgent or provisional measures, the enjoyment of the common residence to the victim (see Articles 223 and 1479 of the Civil Code and Articles 1253-ter/5 and 1280 of the Judicial Code).