Under criminal procedures
Pursuant to the Criminal Penal Code, there are no specific civil protection orders available to victims of domestic abuse; however, in practice, Egyptian prosecutors tend to oblige the abusers to sign on declarations prohibiting the said individuals from committing such acts and, if recommitted, the individuals will then be sentenced as per the discretion of the public prosecutor.
Under the Child Law
In assessing the use of civil protection orders to protect children victimized from domestic violence, the Child Law does not expressly recognize civil protection orders as distinct legal instruments applicable in Egyptian law. However, the Child Law allows for various child protection subcommittees within the National Council for the Protection of Children (NCPC) to petition the court for orders that have similar effects to civil protection orders in protecting the interests of endangered children and in certain circumstances allowing for the removal of the endangered child from the environment of domestic violence ("Protective Orders").[4]
Child protection subcommittees may use all means and procedures available to restrain those threats to the well-being of children within the household. The restraints sought by court orders in these circumstances may include requiring the endangered child to remain within the household while restraining the child's parents/guardians from certain actions that endanger the child and coordinating methods of social intervention from competent governmental authorities to support the child and their family, or requiring that the child be removed from the household and placed into the protective custody of a third party or rehabilitative institution.
According to the Penal Code, the victim of an offense is the competent person to submit a complaint before the Public Prosecution Office. In case the victim is a child under 15 years old, their legal guardian will raise the complaint. However, in case there is a conflict of interest between the victim and their legal guardian, the Public Prosecution Office will be competent to represent the victim.
The General Committee for the Protection of Children (GCPC), a subcommittee of the NCPC, acts as the petitioner of Protective Orders. Any person may bring a complaint of domestic violence against a child to the various subcommittees of the NCPC and such persons include the victim, their family members or third parties. Upon receipt of the complaint and verification of its legitimacy, the competent subcommittee of the NCPC would interview the alleged victim and their parents or guardians, and inquire as to the circumstances and nature of the complaint. If the subcommittee determines the causes of the complaint to be real, a report of the victim's case will be prepared and provided to the GCPC, which would proceed to petition a Protective Order if deemed necessary.[5]
The Penal Code does not contain any information regarding temporary custody of a child or child support orders.
Regarding temporary custody of a child, the Child Law specifies that a child protection subcommittee has the authority to seek a Protective Order intending to temporarily remove an endangered child from their home until the determined threat has been removed. The child may be ordered to stay with a family, organization or other social or educational institution; if deemed necessary, the child may be institutionalized in a medical institution.[6]
The Penal Code does not specifically address the orders obliging abusers to move out or stay away from places the victims frequent. However, the Egyptian Women Council established a center for the rehabilitation of women victims of abuse; accordingly, victims of domestic abuse have the option to move to these centers along with their children to be protected from the abuser.
Save from the detention or the imprisonment of the abuser for the offense of child endangerment, as set out in Article 96 of the Child Law (i.e., endangering a child and depriving a child of education), there is no provision that would allow for an order directing the abuser to move out or to stay away from places the victim frequents. Various examples of child endangerment are provided in Article 96 of the Child Law.
No, not as prescribed by the Penal Code or the Child Law.
As mentioned above, complaints to the Public Prosecution Office can be raised by the legal representatives of the victims or their guardians in case of children under 15 years old, or they can sometimes be raised by the public prosecutor representing the victims.
Only the GCPC can request Protective Orders. However, any person can submit a complaint to the GCPC prompting it to take action.
No, not as prescribed by the Penal Code.
Yes, the Child Law allows the GCPC to petition the court for various types of Protective Orders. Besides the Protective Orders outlined above, the GCPC can seek a court order obliging the parent(s) or guardian(s) of the victim to pay specified child support.
A Protective Order can also be sought from the family court requiring that the endangered child be removed from the harmful environment and maintained in a safe place.
In cases of imminent danger, the GCPC or the protection committee may take urgent measures to remove the child from the place where they are at risk and move them to a safe place, including the utilization of law enforcement agents to enforce the move. The Child Law considers "imminent danger" to be any positive or negative action that threatens the life of the child or their physical or moral integrity in a manner that cannot be avoided by the passing of time.[7]
All Protective Orders based on complaints raised by the victims or their representatives are filed ex parte. Moreover, it is possible for the court to issue the Protective Orders without the aggressor being present.
As the GCPC petition all such Protective Orders, technically, they are made ex parte. It is possible for the court to issue the Protective Orders without the aggressor being present.
As described above, the Women Council established a center for the protection of victims and their families. However, the Penal Code does not contain any information regarding the protection of the members of the victim's family.
The Child Law does not indicate that the protection afforded to endangered children by Protective Orders extends to family members.
It depends on the body issuing the civil protection orders. If the public prosecutor issued the civil protection order, a request should be submitted to the Public Prosecution Office. If the family court issued the civil protection order, the individual should submit a request to the court along with the documents evidencing the relationship between the victim and the individual.
No, but it has to be prompt because, otherwise, it would not be taken seriously by a court.
Judges have absolute discretion regarding whether to grant the order depending on the circumstances.
There are no age limits on the individuals who can obtain orders.
Yes, they can seek damages before the relevant civil court.