4. Protection for domestic violence victims and relief granted | Bahrain | Fighting Domestic Violence

4.1 Civil protection orders

4.1.1 Are there civil protection orders available to victims of domestic abuse?

Protection orders are available to victims of domestic abuse pursuant to the Domestic Violence Law to protect victims against domestic violence.

4.1.2 Who can petition for civil protection orders?

The victim can petition for a protection order or the public prosecution may issue a protection order on its own accord.^[34]

4.1.3 Are there temporary custody of a child or child support orders?

Article 13 of the Domestic Violence Law states that the public prosecution may issue a temporary order to transfer the victim out of their family for their protection, and within two weeks identify a person to assume the victim's care either permanently or temporarily in the event that the victim is a minor.

It is important to note that there are no specific laws in the Kingdom of Bahrain governing child custody, and custody decisions and orders are based on Islamic law (Sharia). In determining custodial issues, Bahraini courts consider the parents' religion, permanent residence, income and the mother's subsequent marital status. Pursuant to Article 126 of the Family Law, in all cases, a mother must be Muslim and of sound health and mind to have custody of her children.

In Sunni jurisprudence, a mother has priority in the custody of her children until a son reaches 15 years old and a daughter is married and her marriage is consummated. Once a son reaches 15 years old or a daughter reaches 17 years old and she is not married, each is given the option of being under the care of either the mother or father.^[35]

According to the Jaafari jurisprudence, the mother has priority in the custody of her children until a son or daughter reaches 7 years old, after which custody reverts to the father. Once a son reaches 15 years old or a daughter reaches 9 years old, each is given the option of being under the care of either the mother or father.

Moreover, in all cases, and in accordance with Article 127 of the Family Law, if the mother remarries, custody of the children reverts to the father, unless a judge determines that it is in the interest of the child to remain in the custody of the mother. In the absence of a child's parents, the Family Law permits the judge to award custody to other relatives or other parties. A judge can also call upon an expert in psychological and social matters in a custody hearing to assist in determining the best interest of a child.

It is also important to note that fathers have priority right over the guardianship of their children. A father or guardian is responsible for managing the child's affairs, upbringing and education. A custodian mother may not move outside the Kingdom of Bahrain with the child except by permission of the child's guardian, and a guardian may not move the child to another country without the permission of the custodian. Therefore, despite the regulations that award women physical custody, the father retains parental authority and guardianship over his children, effectively being in a position to prevent his former wife from traveling with their children or moving away.

4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?

The laws reviewed do not explicitly refer to any obligations to order the abuser to move out. However, under Article 12 of the Domestic Violence Law, the protection order would place the victim in a shelter under the Ministry of Social Development. Article 15 of the Domestic Violence Law further states that the abuser must stay away from the victim; not be exposed to the victim, approach any of the protective places or any place that is mentioned in the protection order; not damage any of the victims personal property or any property of the family members; and enable the victim or their authorized representatives to receive the victim's necessary personal belongings.

4.1.5 Are there any other types of emergency, preventive and civil protection orders?

The following laws that have been reviewed do not explicitly refer to types of emergency, preventive and civil protection orders:

the Domestic Violence Law
the Penal Code
the Family Law
Law No. 46 of 2002 with respect to the promulgation of the criminal procedure law ("Criminal Procedure Law")
Law No. 19 of 2001 with respect to the promulgation of the Civil Code ("Civil Code")
the Bahrain Citizenship Act 1963

4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?

Pursuant to the Domestic Violence Law, these orders may be issued by the public prosecution either of its own accord or at the request of the victim.^[36]

4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?

While the laws reviewed do not explicitly mention different types of protection orders, Article 13 of the Domestic Violence Law states that the public prosecution may issue a temporary order to transfer the victim out of their family for their protection, and within two weeks identify a person to assume the victims care either permanently or temporarily in the event that the victim is a minor.

4.1.8 Are ex parte orders permitted without the aggressor being present?

None of the above-mentioned laws explicitly refers to whether ex parte orders may be 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?

There is no express reference to emergency orders pursuant to the Family Law or the Domestic Violence Law. However and in general, pursuant to the Domestic Violence Law, the protection order would contain restraints on the abuser not to approach any of the protective places of the victim or any place that is mentioned in the protection order; not to damage any of the victim's personal property or any property of the family members; and to enable the victim or their authorized representatives to receive the victim's necessary personal belongings.^[37] Therefore, arguably, it may be requested that the place of the family members be expressly stated in the protection order to afford protection to the family members of the victim.

4.1.10 How long do the orders last?

Protection orders will last for a period not exceeding one month.^[38] The protection order may be renewed through an order of the lower criminal court for a period not exceeding three months and this period will also apply in the event that the abuser breaches or violates the order.

In the event that either party would like to appeal the protection order, this may be done within seven days from the date the protection order was issued by requesting a repeal or amendment.^[39] If the public prosecution issued the order, the grievance will be before the lower criminal court. If the order was issued from the lower criminal court, the grievance will be before the high criminal court in its capacity as an appellate.

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 Kingdom of Bahrain does not have a common database on domestic abuse cases or how often protection orders are granted. Through research on legal websites and information in local newspapers, we note the following.

Filed complaints related to domestic violence

In 2016, 850 cases of domestic violence were registered between January and June 2016. The relevant cases toward women and children were as follows: (a) 473 cases registered of violence by the husband against the wife, of which 21 cases reported to be moderate to extreme violence; (b) 42 cases registered of violence by the parents against their daughter; (c) 32 cases registered of violence by the mother against her children; (d) 10 cases registered of violence by the father against his children; and (e) six cases registered of violence by the brother against his sister. Please use the following link for more information (Arabic text only): 2016 registered cases.

The Ministry of Justice reported 420 cases of physical or sexual abuse as of September 2019, of which 116 involved children. Of the 420 cases, 47 resulted in conviction. Twelve cases of rape were reported between January and September 2019, one of which was referred to court. Please use the following link for more information (English text only): 2019 registered cases.

In 2020, Kingdom of Bahrain-based Shamsaha, the first and only crisis response program in the Middle East for women, recorded 129 cases of domestic abuse in April 2020 compared to 88 in March 2020. Please use the following link for more information (English text only): 2020 registered cases.

Number of victims of domestic violence in shelters within the last four years

Dar Al Aman 2016 to 2018: Dar Al Aman in collaboration with the Ministry of Social Development welcomed approximately 2,885 victims of domestic violence between 2016 and 2018. Please use the following link for more information (Arabic text only): Dar Al Aman Cases — 2016 to 2018.

2018: 84 women suffering from domestic violence were registered in Dar Al Aman in 2018 — of which there were 36 Bahraini nationals, 30 Arabs, 15 foreign workers and three domestic workers. Forty-eight of the victims suffered from psychological to physical violence and 10 cases required emergency assistance. Thirty-three of the victims were aged between 22 and 31; 26 were aged between 32 and 41; 29 were aged between 12 and 21; and five were aged 42 or older. Please use the following link for more information (Arabic text only): Dar Al Aman Cases — 2018.

Child Protection Center

In 2016, 595 children were registered in the Child Protection Center suffering from violence ranging from moderate to extreme. Please use the following link for more information (Arabic text only): Child Protection Center cases — 2016.

4.2 Steps for receiving a protective order

4.2.1 What documentation is needed to obtain a civil protection order?

While the laws reviewed do not mention the documentation needed to obtain a protection order, Article 14 of the Domestic Violence Law states that upon the public prosecution receiving a complaint on domestic violence, a report containing the following information/statements will be prepared:

the time, date and place of the domestic violence complaint
name of the petitioner and their identification documents
the time the investigation started and ended
type of abuse committed against the victim and tools used (if any)
a statement detailing the child's exposure to violence and what had occurred in front of them (in the event that the victim is a child)
any other form of statements that will assist to identify the violence, its cause and consequences
any relevant documents that the victim would like to include
any form of protection procedure/measures taken when filing the report

Upon such information being obtained, the public prosecution may issue a protection order under Article 15 of the Domestic Violence Law of its own accord or at the request of the victim. The abuser would be subject to certain restraints and, depending on what is included in the protection order, the victim will be transferred to a shelter of the Ministry of Social Development for her safety and as soon as possible if it is a child.^[40]

4.2.2 Does the victim need to attend a hearing?

The Ministry of Social Development may provide the victim with a representative to attend the criminal cases in relation to domestic violence on behalf of the victim.^[41] In addition, the public prosecution and police will be obliged to do the following:^[42]

ensure the protection of the petitioner and guarantee the nondisclosure of their name and identity, unless judicial proceedings require otherwise
listen to the parties and any witnesses — in the case of children, they will be in appropriate separate rooms and have the opportunity to state their claims freely and confidentially
maintain the confidentiality of all calls, communications and procedures relating to the cases of domestic violence

4.2.3 Can you request remedies?

None of the above-mentioned laws explicitly refers to whether remedies may be requested (other than a request for a protection order).

4.2.4 Are there time limits?

The laws reviewed do not explicitly mention any time limits with regard to reporting incidents of domestic violence. However, in practice, it is recommended to report the case as soon as it occurs, especially if the abuse is physical. The police will transfer the victim to the nearest hospital/health center if required,^[43] upon which medical reports and evidence will be issued to strengthen the victim's case and prove the extent of the violence.

4.2.5 Are there different rules in emergencies?

While the laws reviewed do not explicitly state if there are different rules in emergencies, there are specific protective measures and services that would help the victim in cases of emergencies.^[44] Examples include but are not limited to shelters for the victim, legal assistance, hotlines to report domestic violence, and social, medical and family counseling services where required. Please refer below to a summary of the institutions in the Kingdom of Bahrain with a brief explanation of their services and contact numbers.

Bahrain Women's Union

Guidance with regard to assistance on which institutions victims may call or go to that may provide assistance.

Contact number: +973 77444457

Aisha Yateem Family Counseling Center

Counseling.

Contact number: +973 80001488

AWAL Center for Legal and Social Consultations

The center provides the following services:

informal therapy sessions where therapists speak to the victims and provide advice in relation to domestic abuse and the procedures to follow
lawyers are available and can provide advice on divorce if required
offers hourly paid work opportunities to victims

Contact number: +973 38380709

Mawada Family Counseling Center — Supreme Council for Women (SCW)

Counseling.

Contact number: +973 17727485

Batelco Center for Family Violence

Guidance and counseling.

Contact number: +973 17597777

Wed Family Counseling

Counseling.

Contact number: +973 33995533

Dar Al Aman for Abused Women

This provides the following services:

shelter for women transferred from the police station or the Ministry of Social Development
lawyers and psychiatrists are available if required

Contact number: +973 17874614

Child Protection Center

The center provides the following services:

services and support for the children and family
temporary or permanent foster care where necessary

Contact number: +973 17103280

4.3 Judicial discretion

4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

The Domestic Violence Law does not provide any grounds or specific discretion for a judge to issue or grant a protection order.

4.3.2 Are there age limits on who can obtain orders?

The Domestic Violence Law does not provide any age limits for obtaining a protection order.

4.4 Restitution and remedies available to victims

4.4.1 Can victims obtain reimbursement for costs and restitution paid?

The Domestic Violence Law does not provide for the payment of costs and restitution.

4.4.2 Can they recover wages and profits lost?

The Domestic Violence Law does not provide for recovery of wages for the victim. However, pursuant to Article 8 of the Domestic Violence Law, if a person has come to know about a domestic violence case by virtue of their work, such person has an obligation to report the same to the relevant authorities.

4.4.3 Is a separate civil process required?

The Domestic Violence Law and the Civil Code do not provide for a separate civil process to be taken by victims.

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