4. Protection for domestic violence victims and relief granted
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4. Protection for domestic violence victims and relief granted Start Comparison
4.1.1 Are there civil protection orders available to victims of domestic abuse?

The law provides for civil protection orders as stipulated in Article 61 of the Moroccan Penal Code, as amended by Law No. 103-13, which states the following:

"Personal security measures" are:

  • relegation
  • the forfeiture of paternal power rights
  • prohibition of the convicted person from coming into contact with the victim
  • the submission of the convicted person to psychological treatment

4.1.2 Who can petition for civil protection orders?
The CPO is ordered or approved by the judge and requested by the victim or its legal representatives. 
4.1.3 Are there temporary custody of a child or child support orders?
  • Article 82-5-2 of Penal Procedure Code provides that as part of the protective measures the court can "bring the child in custody together with the person who has custody of the child back to the accommodation designated for him/her by the court."
  • Additionally, Article 61 of the Penal Procedure Code as amended by Law No. 103-13 provides that the "the father or abuser can be deprived of his paternal right." This provision means that custody would go to the mother. In the event the mother is unable to take care of the child, we suggest a wider analysis and therefore a referral to the Moroccan Family Code which stipulates in Article 171: "Custody must first be entrusted to the mother who is more predisposed than the father to take on this role, then to the father and then, according to the article, to the maternal grandmother; otherwise the court has the option of entrusting custody to one of the close relatives able to ensure it without distinction between the father's relatives and the mother's relatives." Further to this, Article 172 stipulates: "The court may call upon the services of a social worker to draw up a report on the housing of the custodian and the conditions under which the custodian provides for the basic material and moral needs of the child in care."
  • In the absence of sufficient elements regarding the determination of the level of housing and in order to ensure that its assessment is based on sound justifications, the court may call upon the services of authorized social workers in order to identify these elements.
  • There appears to be no other provisions relating to the child support order when it is a case of violence.

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

Yes, according to Article 61 of the Moroccan Penal Code as amended by Law No. 103-13, the judge can prohibit the convicted person from contacting the victim. Article 88-3 of the Moroccan Penal Code (as amended) provides that in the event of prosecution for the offences of harassment, aggression, sexual abuse, violence against women or minors, regardless of the nature of the act or its author, the public prosecutor, the examining magistrate or the court, as the case may be, or at the request of the victim, may prohibit the person prosecuted from contacting the victim or approaching the place where he or she is or communicating with them by any means whatsoever. This measure will remain in force until the court rules on the case.

In addition, please note that Article 88-1 of the Moroccan Penal Code (as amended) provides the following:

In case of conviction for harassment, assault, sexual exploitation, abuse or violence committed against women or minors, whatever the nature of the act or the perpetrator, the court may decide the following:

  1. Prohibit the convicted person from contacting the victim or approaching the victim's location or communicating with the victim by any means, for a period not exceeding five years from the date of expiry of the sentence to which he or she has been sentenced or from the date of pronouncement of the judicial decision where the custodial sentence has been suspended or where he or she has been sentenced only to a fine or an alternative penalty.
  2. Conciliate between the spouses puts an end to the ban on contacting the victim;

The submission of the sentenced person, during the period provided for in paragraph (i) above or during the enforcement of the custodial sentence, to appropriate psychological treatment.

The execution decision imposing the sentence may order the provisional enforcement of this measure notwithstanding any appeal.

The court may definitively prohibit, by means of a reasoned decision, the sentenced person from contacting the victim or from approaching the victim's location or from communicating with the victim.

Article 321-1 of the Moroccan Penal Code (as amended) further states:

Is punishable by imprisonment from six months to two years and a fine from 2,000 to 20,000 dirhams or by one of these two penalties, any violation of the prohibition measure or of the right to contact the victim, to approach her or to communicate with her, by any means whatsoever, or the refusal to submit to appropriate psychological treatment.

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

The same as previously mentioned. Please see above. 

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

Yes. 

4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
Same as previously mentioned. Please see above.
4.1.8 Are ex parte orders permitted without the aggressor being present?
There appears to be no mention of the above. Moroccan law is unclear in this respect.

4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?

There appears to be no mention of the above. Moroccan law is unclear in this respect.

4.1.10 How long do the orders last?

The court may place an order until the judgement is rendered or the court may definitively prohibit, by means of a reasoned decision, the sentenced person from contacting the victim or from approaching the victim's location or from communicating with the victim.

4.2.1 What documentation is needed to obtain a civil protection order?
We are not aware of any specific proper documentation provided for expressly by law as it depends on the situation. The judge orders the civil protection order by assessing the specifics of each case. Please note that as a general rule, proof evidencing the abuse may be requested in order to obtain a civil protection order. Any document that attests the physical or moral abuse/danger may support the civil protection order request.
4.2.2 Does the victim need to attend a hearing?

The victim has the right not to attend the hearing and be represented by a lawyer. The victim remains a civil party. 

4.2.3 Can you request remedies?
Yes, as a civil party the victim can claim damages for the prejudice they may have suffered.
4.2.4 Are there time limits?

If it is a misdemeanor it is four years and if it is a criminal offense it is 10 years.

4.2.5 Are there different rules in emergencies?

Aside from assisting the victim with the help of a specialized organization there are no other rules in cases of emergencies. However, we can note that if it is a flagrant action i.e., the perpetrator was arrested at the time of the commission of the offence the perpetrator can be brought before the public prosecutor promptly.

Please note that Moroccan law is not straightforward in this respect.

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

The judge will assess the situation and it is on a case-by-case basis depending on the facts. Please refer to our answers above.

4.3.2 Are there age limits on who can obtain orders?

We are not aware of any age limit on obtaining orders. Moroccan law is unclear in this respect.

4.4.1 Can victims obtain reimbursement for costs and restitution paid?

Yes.

4.4.2 Can they recover wages and profits lost?
If the victim is working and presents a medical certificate that serves as proof that the prejudice they have suffered has prevented them from working, they can request that the loss of earnings be compensated.
4.4.3 Is a separate civil process required?

No, the victim is not required to do so, but they can be a civil party in criminal proceedings and claim damages. In fact, in practice the victim will generally present themselves as a civil party.