4.1.1 Are there civil protection orders available to victims of domestic abuse?
Yes, there is urgent and preventive judicial protection or injunctive relief in cases where any of the rights set forth in the relevant laws are threatened or violated.
Article 1 of National Law 24.417 (Protection Against Family Violence) sets forth that any person who suffers injuries or physical or psychological abuse by one of the members of the family group may file a petition for injunctive relief orally or in writing to the competent court with jurisdiction in family matters.4.1.2 Who can petition for civil protection orders?
Any person who suffers injuries or physical or psychological abuse by one of the members of the family group (Article 1 of National Law 24.417) can petition for a civil protection order.
4.1.3 Are there temporary custody of a child or child support orders?
Yes, there is a temporary child support and a custody order. Article 4, Section d) of National Law 24.417 sets forth injunctive relief, which must be issued by a competent court, granting provisional child support.
Further, pursuant to Article 8 of National Law 24.417, if the granted injunctive relief (or preventive remedy) puts the defendant's child support obligations at risk, especially those related to their maintenance obligations, the Minors Counsel may intervene to promote the appropriate legal remedies.
Finally, Article 4, Section d) of National Law 24.417 sets forth the order for temporary custody of a child as a preventive measure, derived for the causes established in Article 1 of National Law 24.417.4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
Yes, there is a provision to order the abuser to move out or stay away from places the victims frequent. In accordance with Article 4, Section d) of National Law 24.417 (Protection Against Family Violence), the court may issue the following remedies:
- Order the exclusion of the abuser from the dwelling where the family group lives.
- Prohibit the abuser from accessing the domicile of the victim, as well as their work or study places.
- Order reinstatement to the residence at the request of the person who left it for personal security reasons, excluding the abuser.
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
The emergency, preventive and civil protection orders cited above relate to protection against family violence and the protection of women.
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
Pursuant to Articles 1 and 2 of National Law 24.417 (Protection Against Family Violence), the direct or indirect victims can request these orders in all cases. They can be indirectly requested in cases of underage (children), older or disabled people through their legal representative. Additionally, they can be requested by the social assistance and educative services, whether public or private, healthcare professionals and any other public officer in their function.
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
Pursuant to Article 4 of National Law 24.417 (Protection Against Family Violence), the protection orders may be different depending on the reasons for their issuance stated in the order's paragraphs a) to d), as seen above.
4.1.8 Are ex parte orders permitted without the aggressor being present?
Yes. According to Article 1 of National Law 24.417 (Protection Against Family Violence), when filing the orders, it is not essential that the aggressor be present.
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
Yes. Orders can be issued for the protection of the family members or the family group (pursuant to Article 4 a) of National Law 24.417).
4.1.10 How long do the orders last?
The length of the orders may vary and the court will decide the duration based on the background of the case (in accordance with the last paragraph of Article 4 of National Law 24.417).
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.
4.2.1 What documentation is needed to obtain a civil protection order?
In principle, the victim needs to file a request for the civil protection order together with a copy of their identification and a copy of any police complaint in relation to the occurrence of violence.
4.2.2 Does the victim need to attend a hearing?
In some cases, depending on the magnitude of the reports, a judge can call for a hearing and hear each party separately. In any case, the hearing should only take place after the civil protection order is granted.
4.2.4 Are there time limits?
No. There are no time limits for the civil protection order; however, there are certain time limits to pursue a criminal case.
4.2.5 Are there different rules in emergencies?
The proceedings to obtain a civil protection order are already expedited; however, in emergencies, the victim can request the civil protection order and obtain it within 24 hours.
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?
Judges have narrow room for discretion and should grant the civil protection order considering the needs of the victim, the level of risk and the circumstances of the case.
4.3.2 Are there age limits on who can obtain orders?
No. Any individual regardless of their age can obtain a civil protection order. However, the request for a civil protection order for a victim under 18 years old should be filed by their legal representative or by the public prosecutor (Section 2 of National Law 24.417).
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
The proceedings to obtain a civil protection order are free of charge (Section 20 of National Law 26.485).
However, the victim may claim any expenses incurred, aside from filing the civil protection order, within damages proceedings.