4.1 Civil protection orders
4.1.1 Are there civil protection orders available to victims of domestic abuse?
Yes. Under the Law of 8 September 2003 and Articles 1017-1 of the Civil Procedure Code, the police, with the authorization of the state prosecutor, can make a protection order of expulsion.
4.1.2 Who can petition for civil protection orders?
The condemned abuser can petition for a civil protection order. However, the petition will not automatically delay or suspend the issuance of the order.
4.1.3 Are there temporary custody of a child or child support orders?
Yes, pursuant to Article 1017-8 of the Civil Procedure Code.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
Yes (Article 1017-1 and Article 1017-7 of the Civil Procedure Code).
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
There are two types of civil protection orders in relation to domestic violence:
- one for cases where the physical integrity of the victim is in danger (Article 1017-1 of the Civil Procedure Code)
- one for cases where the psychic integrity of the victim is in danger (Article 1017-7 of the Civil Procedure Code)
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
For direct victims, yes; for indirect victims, this is not specified; and for legal representatives, yes.
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
The expulsion order is temporary in nature, as it lasts for 14 days and it can be extended for three months at the request of the victim.
To obtain lasting protection, the victim should file a proper complaint in a criminal court.
4.1.8 Are ex parte orders permitted without the aggressor being present?
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
Yes, the measure can concern all "persons who cohabit in a family setting" as stated in the Law of 30 July 2013.
4.1.10 How long do the orders last?
The expulsion order ends on the 14th day following the day it comes into force at 5 pm, unless the protected person has filed a request for an extension with the family court judge. This extension may last for a maximum of three months.
This request is made by a simple petition, without the need to be represented by a lawyer. The person who has been expelled can petition against the expulsion order. However, the petition will not automatically delay or suspend the order.
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?
The victim must file a complaint with the police, with evidence that the abuser is preparing to commit an offense against the life or body of the victim (again or for the first time).
4.2.2 Does the victim need to attend a hearing?
The victim does not need to attend a hearing to obtain a civil protection order.
4.2.3 Can you request remedies?
In parallel to the expulsion procedure, the Public Prosecutor's Office takes a decision regarding following up on domestic violence cases, which is dependent on the seriousness of the case. The decision may involve the direct summons of the perpetrator before the criminal court to open a judicial investigation against him or to classify the case without a penal follow-up (with or without a written warning to the perpetrator).
If there is a trial, then the abuser may be condemned to the criminal sentences mentioned below. The victim will also be able to request some damages.
4.2.4 Are there time limits?
Yes, depending on the gravity of the offense, as follows:
- crimes: 10 years (Article 637 of the CPP)
- misdemeanors: five years (Article 638 of the CPP)
- exceptions for certain offenses (Articles 635-643 of the CPP)
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?
The police, with the authorization of the prosecutor, issue the protection order.
However, requests to extend an order for deportation, beyond 14 days and up to a maximum of three months, must be requested from the president of the district court (judge) by way of a petition.
The president decides whether to extend the protection order.
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?
A separate civil process is not required but it is possible to obtain compensation for damages. Compensation for damages can also be requested during criminal proceedings when the victim has constituted herself as a partie civile.
