Fighting Domestic Violence

Cyprus

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4. Protection for domestic violence victims and relief granted
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4. Protection for domestic violence victims and relief granted Start Comparison
4.1 Civil protection orders
4.1.1 Are there civil protection orders available to victims of domestic abuse?

The main forms of protection orders currently available in Cyprus for domestic violence victims are: 

  1. Court order for removal: This is applicable where the victim is a minor. Its aim is to remove the victim of violence and place the victim in a safe place or under the care of the director of Social Welfare Services of the Ministry of Labor and Social Insurance. A Court Order for Removal can also be issued by the court as an interim order ("Court Order for Removal").[17]
  2. Interim order: This is an order issued by the court upon application by a third party (e.g., a member of the family, police officer, prosecutor, etc.) restraining the suspect or removing the minor victim until the case against the accused is filed and tried ("Interim Order"). Please note that an Interim Order is valid for a period up to eight days from the day of its service to the suspect and can be renewed for an additional eight days, provided that the total validity of the order does not exceed 24 days before the filing of the criminal charge(s) against the suspect. After the filing of the criminal charge(s) against the suspect, the court can issue or extend the Interim Order until the trial of the case.[18]
  3. Restraining order: This is an order the court may issue against a person charged with the commission of any violent offense, prohibiting such person from entering or remaining in the marital home ("Restraining Order"). A Restraining Order is a flexible protection order as it is valid for such period and upon such conditions as it may impose. A Restraining Order can be issued when at least one of the following requirements are met: (a) it has been proved that the accused has a history of repeated acts of violence against members of the accused's family or that the accused has two convictions in the last two years for similar offenses; (b) the violence used has caused such actual bodily, sexual or mental harm, as to endanger the life, integrity or sexual or mental health of the victims; (c) the accused refuses to be submitted to self-control treatment. It must be noted that in issuing a restraining order, the court will take into consideration the ownership of the marital home and will issue an appropriate order in relation to the accommodation of the suspect or accused or his family.[19]
  4. Probation order: This is an order that the court may issue in lieu of any other sentence on the accused, accepting his request to place the accused on probation on the special condition that the accused will be submitted to self-control treatment by specialists (or on such other conditions as the court may consider necessary for preventing the repetition of acts of violence) ("Probation Order").[20]
4.1.2 Who can petition for civil protection orders?
  1. If a Court Order for Removal is imposed during or after the trial of a case of violence, then it is issued directly by the court; while if it is used as an interim measure, then it is issued upon application by a member of the family, the police, the prosecutor or the attorney general of the Republic of Cyprus, a family counselor or another person acting on behalf of any of the above ("CPO Applicant").[21]
  2. An Interim Order is issued upon the application of a CPO Applicant.[22]
  3. A Restraining Order is issued upon the application of the victim.[23]
  4. A Probation Order can be issued upon the request of the accused.[24]
4.1.3 Are there temporary custody of a child or child support orders?
Court Orders for Removal are designed to provide temporary protection to children, by means of removing them from their home and placing them in a safe place or under the care of the director of Social Welfare Services of the Ministry of Labor and Social Insurance.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?

Yes, it is called a Restraining Order, as described above.

The court may issue a Restraining Order against a person charged with the commission of any violent offense.[25]
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
In addition to civil protection orders, Cyprus has established so-called family counselors who are competent, inter alia, to receive complaints relating to violence, carry out the necessary investigations and counsel, advise and mediate for the easing of any problems in the family that are likely to or may lead to the use of violence, including by making arrangements for immediate medical examination and for a change of accommodation for the victim and their family in instances where a Restraining Order has been issued ("Family Counselors").[26]
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
Yes, orders can be requested by a member of the family, the police, the prosecutor, the attorney general of the Republic of Cyprus, a Family Counselor or another person acting on behalf of any of the above.[27]
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
Yes, temporary Interim Orders, under which a suspect is restrained or the victim is removed from the home, are usually valid for a period up to eight days and can be renewed for an additional eight days, provided that the total validity of the order does not exceed 24 days before the filing of the criminal charge against the suspect. After the filing of the criminal charges against the suspect, the court can issue or extend the Interim Order until the trial of the case.[28][29]
4.1.8 Are ex parte orders permitted without the aggressor being present?
Yes, Interim Orders can be issued by the court, at any time, upon an application accompanied by an affidavit sworn by the victim or, in the case of a minor victim, by any other person who is in a position to have direct knowledge of the facts, or by any other evidence causing a prima facie risk for use or repetition of violence, including statements of the victim or other persons in any form, certificates, confirmations and other evidence under this or any other law.[30]
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?

Although civil protection orders do not directly refer to family members of the victim, emergency orders can be applied in principle whenever the behavior of a suspect falls within the following definition of violence:

any act, omission or behaviour which causes physical, sexual or mental injury to any member of the family by another member of the family and includes violence used for the purpose of having sexual intercourse without the consent of the victim as well as of restricting its freedom.[31]

It should be noted that, to prevent intimidation of the victim and the witnesses during the trial of violent conduct cases, the court may take several measures when there is reasonable suspicion that someone is in danger or under threat (e.g., the court can decide that the whole or part of the case be tried via video link and may order that the testimony be taken in the absence of the accused).[32]
4.1.10 How long do the orders last?

Court Orders for Removal issued during or after the trial and Restraining Orders last for the period that the court considers appropriate.[33]

Interim Orders are valid for a period up to eight days from the date of issue and can be renewed for an additional eight days, provided that the total validity of the order does not exceed 24 days before the filing of the criminal charge against the suspect. After the filing of the criminal charges against the suspect, the court can issue or extend the Interim Order until the trial of the case.[34]
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 Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004: http://www.familyviolence.gov.cy/upload/legislation/laws_2000_and_2004_en.pdf

The Violence in the Family Prevention and Protection of Victims Law 1994: http://www.familyviolence.gov.cy/upload/legislation/law_1994_en.pdf

Advisory Committee for the Prevention and Combating of Violence in the Family, Cyprus National Action Plan on Combating Violence in the Family 2010-2015, Nicosia: http://www.familyviolence.gov.cy/upload/downloads/actionplan_2010-2013.pdf

Advisory Committee for the Prevention and Combating of Violence in the Family (2004) 'Report on the Evaluation of Interdepartmental Procedures for the Handling of Family Violence Cases', Nicosia: http://www.familyviolence.gov.cy/upload/downloads/aksiologisi_diatmimatikon_diadikasion_200501.pdf
4.2 Steps for receiving a protective order
4.2.1 What documentation is needed to obtain a civil protection order?
N/A
4.2.2 Does the victim need to attend a hearing?

A victim can request that the court accept a video-recorded statement instead of appearing for a hearing in court. The following rules apply to video hearings:[35]

  1. A victim cannot appear before the court for cross-examination.
  2. The rules for taking a video-recorded statement as per Section 11 of the act are followed when the interest of the administration of justice is not affected.
  3. The soundtrack of the videotape in which the statement has been recorded will be submitted, transcribed and typed with the video-recorded statement.
4.2.3 Can you request remedies?
The laws and regulations of Cyprus are unclear on this point.
4.2.4 Are there time limits?
A temporary protection order, which is termed in the legislation as a "temporary exclusion of a suspect order," can be imposed during or after the trial of a domestic violence suspect at the written request on oath of a family member, the police or prosecutor acting on their behalf.
4.2.5 Are there different rules in emergencies?
If the police are called out to a domestic violence incident and decide to arrest and charge the suspect, bail may granted upon presenting the person to the court rather than remanding the suspect in custody until the trial. The offender can be released on bail on the condition that they do not approach the victim. This can be classed as an interim protection order.
4.3 Judicial discretion
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

A criminal court can impose a protection order before, during or after the trial of a domestic violence offender. 

Probation Orders are only available in the criminal courts for victims of domestic violence offenses. A victim can also apply to the family court in order to protect themselves from victimization.

There are no formal legal requirements for the wording of Probation Orders. In practice, judges (especially in the criminal court) hand down detailed Probation Order decisions, specifying which behavior is prohibited.

The main factor judges take into account in issuing a Probation Order is the seriousness of the case and the need to protect the victim while, at the same time, considering the offender's personal circumstances and constitutional rights.

Other than a temporary Probation Order on an ex parte basis, for a Probation Order to be imposed by a criminal court, the offender must be charged and found guilty of one of the violent offenses listed in the law.[36] Article 15(3) provides that until the case goes to trial, the court may order that the suspect be held in custody or be released after they have given the court satisfactory assurances that they will appear before the court on the day of the hearing and will comply with all the conditions the court may see fit to impose for the protection of family members, including a condition that they will not visit or in any way disturb a member of their family.

Temporary Probation Orders for up to eight days' duration can be sought by application to the court. Interim Probation Orders can be granted by the court where the offender has been arrested and charged for a domestic violence offense and released on bail as opposed to being held in custody.

For the court to impose a protection order, there are three requirements set out in Section 23 of The Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004 that need to be satisfied before the court will impose a Probation Order:

  1. The accused has a history of violence against members of their family or has been convicted of a similar crime in the last two years.
  2. The violence exerted such actual bodily, sexual or psychological harm that it placed in danger the life, physical integrity or the sexual or psychological health of the victims.
  3. The accused refuses to undergo treatment for self-control imposed by the Criminal Code.

A variety of conditions with which the offender has to comply can be included in a Probation Order, namely: to leave the house immediately, not to approach the premises where the victim(s) is/are residing beyond the front gate, not to contact the victim(s) by any means and not to harass the victim(s). A temporary Probation Order can last for up to 28 days and a Probation Order until the marriage is dissolved.

A victim may only indirectly influence the type/scope/duration of a protected order by how they answer possible questions by the judge about the threat and risk posed by the offender.

4.3.2 Are there age limits on who can obtain orders?

There is no upper age limit defined in the Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004. However, there are provisions in other legislation for the protection of minors or children aged under 18, e.g., under the Parents and Children's Relations Law, which permits the following:

  1. applying for a court order in a district court under criminal law to have an underage victim removed from the family home for their safety
  2. dealing with cases of domestic violence under Art. 18 of the Domestic Violence Law of 1990 in the family court in civil law (to obtain exclusive custody of a child in order to protect him/her from a parent who victimizes the child or both parents who victimize and/or neglect their children)
Protection orders are provided in the law on domestic violence, but a victim may be protected from domestic violence through an application to the family court by a parent of a child/children or by the victim being removed from the home in the case of underage persons following an application by the director of social services for sole custody.[37]
4.4 Restitution and remedies available to victims
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
Protection orders are not provided free of charge per se but there is means-tested legal aid system available in the criminal and family courts. In practice, however, many victims in the family court pay for their own lawyer.[38]
4.4.2 Can they recover wages and profits lost?

We have not been able to find any specific legislative provisions or case law on this point in relation to domestic violence victims. 

The Compensation of Victims of Violent Crimes Law of 1997 provides compensation for certain crimes involving use of violence perpetrated in Cyprus. Injuries must be serious physical injuries or lead to health problems that, based on medical opinion, require hospitalization and absenteeism from work for a period of no less than eight days.[39]
4.4.3 Is a separate civil process required?
N/A
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