Fighting Domestic Violence

Bolivia

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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?

Bolivia has introduced civil procedures for granting protection orders or other forms of protective measures for victims of domestic violence. These orders are designed to prevent future violence rather than to punish past violent behavior.

First, Law 348 includes a chapter that explicitly regulates the protective measures available to women in situations of violence (Chapter III, Articles 32 to 40). In particular, Article 35 contains an appraised list of the civil orders provided for by law. Some of these orders are: prohibit the aggressor from approaching, attending or entering the home, workplace or study center of the ascendants or descendants, or any other place frequented by the woman who is in a situation of violence; provide for the removal of the perpetrator of sexual harassment in the workplace; and provide measures to avoid discrimination in the selection, qualification, permanence and promotion in their labor source.

Principally, protective measure 18 (Article 35.18) declares: “Order any precautionary measure for the protection of women who find themselves in a situation of violence as provided for in the Bolivian Code of Criminal Procedure.”

In addition, Chapter V of Law 1674 is headed “Precautionary and provisional measures.” In such a way, Article 15 of the aforementioned chapter lists the precautionary measures legally provided, which include: temporarily prohibit or restrict the presence of the offender in the marital home; order the return of the victim to the home from which she was violently removed; authorize the victim to leave the common home and order the immediate delivery of her personal effects; arrange the inventory of the movable and immovable property owned by the community of property; and prohibit or limit the attendance of the accused at the victim’s workplace.

Furthermore, with Law 1173, 13 measures for the protection of children and adolescents and 15 measure for the protection of women are activated. It is clear from the text of this legislation that the special protection measures serve a purpose that is different than that for which the personal precautionary measures were designed.

Finally, Article 168 of the Children’s Code declares that protection measures are orders of obligatory compliance, issued by the public judge for children and adolescents in matters of childhood and adolescence, in the face of a threat or violation of the rights of children or adolescents.

4.1.2 Who can petition for civil protection orders?

As stated in Article 17 of Law 1674, in order to guarantee the safety and physical or psychological integrity of the victim, the judge, ex officio or at the request of a party or of the Public Prosecutor’s Office, may order the appropriate precautionary measures.

Additionally, Law 1173 declares that the judge may, ex officio or at the request of a party (the victim or his or her representative), without the need for him or her to become a plaintiff, apply the special protection measures contemplated in the law to the accused.
4.1.3 Are there temporary custody of a child or child support orders?

Yes, the following are among the protection measures envisaged in Article 35 of Law 348: provide for family assistance in favor of daughters, sons and wives; prohibit the aggressor from approaching, attending or entering the home, workplace or study place of the ascendants or descendants, or any other place frequented by the woman who is in a situation of violence; temporarily suspend the aggressor from visiting and cohabitation with his children; and order the immediate delivery of objects and personal documents of the woman and her children or dependents.

Furthermore, Law 348 incorporates a specific article that declares (Article 36 (Protection of children)):

If as a consequence of a crime of feminicide committed by the spouse or cohabitant, minor children are left orphaned, they shall be immediately placed under the custody of the grandparents or other close relative through the maternal line, with the accompaniment of the Office of the Ombudsman for Children and Adolescents until legal guardianship is established, the whole family must have access to the victim and witness protection system of the Public Prosecutor’s Office and to the system of attention that this Law foresees.

Ultimately, as previously mentioned, Law 1173 dispenses 13 specific measures to guarantee protection to children and adolescents undergoing a violence situation. Among them are: leaving or vacating the domicile where the victim lives, regardless of the ownership of the real estate; prohibition to enter the victim’s domicile, even if it is the family domicile; and prohibition to communicate directly or indirectly and by any means with the victim.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?

Currently, Bolivia has legislated protective measures for victims of intimate partner abuse that encompass strategies to guarantee the victim’s safety. For instance, measures aimed at impeding the contact between the victim and the aggressor (called protective or preventive), for example, denial of aggressor’s access to their shared residency or victim’s place of work, among others.

Among the measures declared in the aforementioned laws (Law 1674, Law 348 and Law 1173), there are multiple provisions prohibiting the aggressor from approaching the victim. Some of them are:

Article 35 of Law 348:

  • Order the aggressor to leave, vacate or restrict the aggressor from the marital home or the home where the woman in a situation of violence lives, regardless of the accreditation of ownership or possession of the property, and order the aggressor to undergo therapy.
  • Prohibit the aggressor from approaching, attending or entering the home, workplace or study place of the ascendants or descendants, or any other place frequented by the woman in a situation of violence.
  • Provide for the removal of the aggressor of sexual harassment in the workplace.

Article 18 of Law 1674:

  • Temporarily prohibit or restrict the presence of the accused in the conjugal home.
  • Authorize the victim to leave the common home and order the immediate delivery of her personal effects.
  • Prohibit or limit the attendance of the accused at the victim’s workplace.

Article 14 of Law 1173:

  • For children: leaving or vacating the domicile where the victim lives, regardless of the ownership of the real estate; prohibiting entry to the victim’s domicile, even if it is the family domicile.
  • For women: order the aggressor to leave, vacate or restrict from the marital home or the home where the woman in a situation of violence lives, regardless of proof of ownership or possession of the property, and to order the aggressor to undergo psychological therapy in a rehabilitation service.
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
Article 37 of Law 348 states that if in an area or sector at the national level there is an alarming rate of violence, the executive branch, through the governing body, will declare an alert against violence. If this were to take place, all the competent authorities must activate emergency measures, actions and resources to address the problem of violence against women, preserving women’s rights.
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
Yes. Law 1173 declares that the judge, acting ex officio, or the party itself, either the victim or his or her representative, may request that the aggressor be charged with the corresponding special measures to safeguard the minor’s health (Article 14).
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
The previous legislation outlined declares that protective orders are temporary, i.e., their duration depends on the special circumstances of each particular case and the subsistence of the motives that founded its application.
4.1.8 Are ex parte orders permitted without the aggressor being present?
The regulations described in the preceding paragraphs show that protection measures may be requested by a party, either the victim or his or her legal representative. However, the governing body determines the appropriateness of the measure.
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
Yes. Article 35 of Law 348 includes a special provision to guarantee the safety of the ascendants and descendants of the victims. Thus it is clear that the law doesn’t only protect the victim but also his or her close environment, especially when there are children and adolescents involved. 
4.1.10 How long do the orders last?

Law 1674 includes a specific provision headed “Temporality of the Measures” (Article 19) which states: “The precautionary measures listed in the preceding article are essentially temporary in nature and may not exceed the duration of the proceeding.”

In addition, Law 1173 states that the special measures will last until the motives that founded them subsist.

Finally, a study, conducted in 2015 on the compliance of protective measures in situations of domestic violence, reported that in Bolivia, the authority determines the duration of the protective measures, contrary to other Latin American countries such as Costa Rica, Chile, Mexico and Honduras.

To sum up, the Bolivian legislation includes information on the duration of the measures, but there are no fixed periods, the legislator leaves this decision to the discretion of the issuing authority.
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?
In Bolivia, judges share the capability to request a protective measure with the victim or even a third party. In such a way, the victim must issue a written or verbal request. Apart from the aforementioned, there is no specific requirement, however, all evidence is admitted in these procedures.
4.2.2 Does the victim need to attend a hearing?

Yes, as is established in Article 7 of Law 1173, the hearings will be conducted with the uninterrupted presence of the parties. Therefore, the victim must attend the hearing in which the evidence submitted to the process will be evaluated.

However, in certain crimes against sexual liberty, the victim has a series of rights set out in Law 2033, among which is the right to not appear as a witness, if he or she considers that the elements of evidence that he or she presents or that were presented are sufficient to prove the elements of the crime and the responsibility of the accused (Article 15.4, Law 2033). 
4.2.3 Can you request remedies?

Bolivian legislation contains explicit references to remedies available to women subjected to domestic violence. Among them are measures in the fields of education, health, labor, communication and the media (Chapter I, Title III, Law 348). Moreover, victims can obtain the remedies as part of the procedure against a crime committed by an aggressor, contained in Law 1173.

In addition, as is established in Article 14 of Law 1173, more than one measure may be imposed, depending on the specific case and with due justification for each one. These measures are of immediate and obligatory compliance and may be carried out with the help of the public forces.

The following remedies are available:

  1. Order the aggressor to leave the conjugal domicile or the place where the woman in a situation of violence lives, regardless of the accreditation of property or possession of the property. Additionally, it is possible to order the aggressor to undergo psychological therapy in a rehabilitation service.
  2. Prohibit the aggressor from disposing, mortgaging or changing the ownership of common movable or immovable properties.
  3. Provide for family assistance in favor of daughters, sons and wives.
  4. Prohibit the aggressor from approaching, attending or entering the home, place of work or studies, or any other place frequented by the woman who is in a situation of violence. The aggressor must remain at a suitable distance to guarantee the victim’s safety and integrity.
  5. Return the woman to the domicile from which she has been violently removed, with sufficient guarantees to protect her life and integrity. The woman/victim must request it.
  6. Prohibit the aggressor from communicating with, intimidating or molesting the woman by any means. Third parties included.
  7. Prohibit actions of intimidations, threats or coercing of witnesses.
  8. Temporarily suspend the aggressor from the visitation and cohabitation regime with her children.
  9. Carry out the inventory of the movable and immovable goods of common property or of legitimate possession.
  10. Order the immediate delivery of objects and personal documents of the woman and her dependents.
  11. Withhold the ownership documents of movable or immovable property. It must be requested while the reparation of the damage is being decided.
  12. Order the tolerance or reduction of the work schedule of the woman who is in a situation of violence, without affecting her labor or work rights.
  13. Order the preventive annotation of the aggressor’s assets subject to registration and the freezing of bank accounts. Aimed at guaranteeing the assistance obligations for the woman.
  14. Watch over the inheritance rights of women.
  15. Provide measures to avoid discrimination in the selection, qualification, permanence and promotion in their labor source.
  16. Restrict, in the case of sexual harassment, all contact between the aggressor and the woman. The aggressor must remain at a suitable distance to guarantee the victim’s safety and integrity.
  17. Protect all those that guarantee the integrity of women who find themselves in a situation of violence.
4.2.4 Are there time limits?
Bolivia is one of the few Latin American countries in which there is no waiting period between making the complaint and receiving the protection from the authorities. According to Law 348, the judge, immediately after hearing the case, must order protective measures to safeguard the life, physical, psychological and sexual integrity, as well as the patrimonial, economic and labor rights of women in situations of violence.
4.2.5 Are there different rules in emergencies?
As it is established in Article 14 of Law 1173, in cases of urgency or after establishing the risk situation in which the victim finds herself and when the circumstances of the case require the immediate protection of her integrity, the measures provided may be ordered by the prosecutor, the police officer or any other authority provided for the care of women in situations of violence and for the defense of the rights of children and adolescents. Within 24 hours after the measure has been imposed, the prosecutor, the police officer or the non-jurisdictional authority that ordered it, must inform the examining magistrate, for the control of legality and its subsequent ratification, modification or revocation. The judge, attending to the circumstances of the case, may resolve the matter in a public hearing following the procedure for the application of precautionary measures, or may resolve it without a hearing, in which case they will issue the resolution within 72 hours following the communication.
4.3 Judicial discretion
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

From the text of Law 1173, it is clear that there is a certain degree of discretion in the imposition of special protection measures in situations of violence against women. In this way, it can be read that the investigating judges are competent to order, ratify or modify special protection measures in favor of the victim and to impose sanctions in the event of noncompliance.

Likewise, Article 170 of the Children’s Code establishes a series of criteria to be followed by the judge in order to impose a protection measure. In this case, judicial discretion is limited by normative criteria.
4.3.2 Are there age limits on who can obtain orders?
There are no explicit references, neither in Laws 348 and 1173 nor in the Children’s Code, to age-based limitations on the imposed security measures.
4.4 Restitution and remedies available to victims
4.4.1 Can victims obtain reimbursement for costs and restitution paid?

From the commission of any crime, the victim is entitled a civil action for the reparation of damages and losses (Article 14 of the Bolivian Criminal Procedure Code and Article 12 of Law 1674). Additionally, Chapter II of the same legal text specifically regulates the civil action available to the injured party. Therefore, as we can see, restitution needs to be requested through the civil action of compensation.

Moreover, a study conducted in 2015 on the contrast within Latin American countries in the compliance with gender-based legislations and regulations, indicated that in Bolivia restitution penalties for domestic violence criminal and noncriminal convictions are mandatory.
4.4.2 Can they recover wages and profits lost?
Few countries in the region have expanded the notion of protective measures to incorporate policies aimed at reducing the economic dependency of victims — one of the most cited reasons for women recanting their initial complaint or not requesting help from the authorities at all. Bolivia aims to provide women with alternatives for housing and changing their location without losing their jobs, and priority for accessing economic assistance from the government. Because of this, the victims of violence will have the right to reduce or adjust their working hours or geographical mobility, to change the work location, to suspend the employment relationship they maintain, and to exceed such time in the terms determined.
4.4.3 Is a separate civil process required?

The reparation action may be brought jointly with the criminal action or independently in civil proceedings (Chapter II, Bolivian Criminal Procedure Code).

In accordance with Article 98 of Law 348, once the criminal sentence has been executed, the same jurisdictional body will proceed to qualify the civil liability. Therefore, it seems that it is not necessary for the civil and criminal actions to be substantiated in separate proceedings.
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