4.1.2 Who can petition for civil protection orders?
The victim, state authorities, public prosecutor, healthcare professionals and any other interested party my petition the relevant authorities for a civil protection order.
4.1.3 Are there temporary custody of a child or child support orders?
Yes, if either parent is not an appropriate guardian for the child, then a judge can order that the child be placed in the custody of a relative, i.e., grandparents, aunts, etc.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
Yes, depending on the circumstances, the perpetrator can be barred from contacting or visiting the victim and/or entering the family dwelling.
In certain cases, the perpetrator can be barred from accessing/damaging the victim's personal property and may be denied access to jointly held property/assets.4.1.5 Are there any other types of emergency, preventive and civil protection orders?
Yes, victims have access to different types of orders, including civil and criminal orders, in addition to ex parte orders.
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
Direct victims, indirect victims and legal representatives for victims in the case of children or adults, i.e., state authorities, public prosecutor, healthcare professionals and other family relatives or interested parties, can request civil protection orders.
4.1.8 Are ex parte orders permitted without the aggressor being present?
Yes. As an emergency mechanism, ex parte orders respond to situations of immediate danger and provide an opportunity for victims to obtain protection orders.
Specifically, Article 9 of the Law of Protection From Abuse provides that if the Ministry of Justice finds that a case of abuse requires urgent intervention or access to the place where the abuse has occurred, it may seek the assistance of the competent security authorities, which in turn will respond immediately to the request (based on the nature and seriousness of each case).4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
Yes, at the discretion of the judge and depending on the factual circumstances.
4.1.10 How long do the orders last?
There is no prescribed length of time that orders are valid for. The length is dependent on the factual circumstances and is at the discretion of the relevant authorities.
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.
Resources:
4.2.1 What documentation is needed to obtain a civil protection order?
The regulations are silent on this point; however, a petition to the judge or the relevant authorities should suffice.
4.2.2 Does the victim need to attend a hearing?
Not in all cases. The victim's attendance is at the discretion of the judge and is subject to the factual circumstances.
4.2.3 Can you request remedies?
Yes, the judge could award remedies, i.e., an injunction, monetary damages, etc., depending on the circumstances and the judge's discretion.
4.2.5 Are there different rules in emergencies?
Article 9 of the Law of Protection From Abuse provides that if the Ministry of Justice finds that a case of abuse requires urgent intervention or access to the place where the abuse has occurred, it may seek the assistance of the competent security authorities, which in turn will respond immediately to the request (based on the nature and seriousness of each case).
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?
Yes.
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
Yes, the perpetrator can be compelled to provide financial assistance and pay costs resulting from the violence.
4.4.2 Can they recover wages and profits lost?
Yes, at the discretion of the judge and dependent on the circumstances.
4.4.3 Is a separate civil process required?
No. The Law of Protection From Abuse does not require that other legal proceedings (for example, criminal or divorce) be initiated to apply for a protection order. Furthermore, the protection order does not prevent the parties from pursuing separate proceedings, i.e., child custody. Saudi Arabia clarifies that protection orders are available independent of other legal proceedings as long as they do not contravene any other national legislation or international commitments.