4.1.1 Are there civil protection orders available to victims of domestic abuse?
Yes, civil protection orders are available in El Salvador to prevent, punish and eradicate various forms of domestic violence. A court can require the aggressor to refrain from harassing, persecuting, intimidating or threatening an individual in the family group, as outlined in the FPL (Articles 7(a) and 7(b)). Other laws also contain procedural provisions regarding civil protection orders (Article 76 of the FPL; Article 200 of the PC; the SCVW; the CPP).
Jurisdiction
The jurisdiction of family judges extends to the entire country to decide the relevant precautionary measures (Article 78 of the FPL).4.1.2 Who can petition for civil protection orders?
Anyone can petition for civil protection orders as long as the petition is in writing and includes detailed facts about the abuse (Article 79 of the FPL).
4.1.3 Are there temporary custody of a child or child support orders?
In El Salvador, an aggressor can be temporarily suspended from the care and custody of their children, as well as temporarily lose their right to visit their children (Article 7(i) of the LADV).
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
The law in El Salvador contains provisions to order the abuser to move out of or stay away from places the victims frequent, as follows:
- The aggressor must immediately move out of the common residence by a court order. If they resist, the National Civil Police can enforce the move (Article 7(e) of the LADV).
- The aggressor cannot visit the victim's permanent or temporary place of residence, or their place of work or study (Article 7(j) of the LADV).
- The aggressor can be prohibited from threatening the victim in the public and private spheres (Article 7(c) of the LADV).
- If requested by the victim, the victim can be put up in a new home/address to protect them from the aggressor (Article 7(f) of the LADV).
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
There are no additional types of emergency, preventive or civil protection orders in El Salvador in addition to those already described.
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
When the victim is a minor or a vulnerable or disabled person, the facts may be reported by their legal representatives, by the victim and by welfare, social and educational institutions, as well as by any authority or person who has knowledge of the acts of violence in the family (Article 15 of the LADV). In the case of protection measures for minors, the judge will review them ex officio every six months to maintain, replace, modify or terminate them (Article 83 of the FPL).
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
When a protection order or precautionary measures are requested as a previous act of a claim or suit, the petitioner has 10 days to present the claim; otherwise, the precautionary measures will end (Article 75 of the FPL). The judge sets the duration in the judicial resolution. This duration will be maintained until the execution of the sentence, unless it is necessary to extend its period to guarantee compliance with the sentence (Article 76 of the FPL). Further, the judge must establish the scope of the precautionary measures and they may order their modification, replacement or cessation (Article 77 of the FPL).
4.1.8 Are ex parte orders permitted without the aggressor being present?
Yes, El Salvadorean law permits ex parte orders without the aggressor being present. The interested party can request a protection order without notification or a prior hearing for the counterparty. Once the protection order is executed, the counterparty will be notified of the obligation (Article 80 of the FPL).
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
There is no specific term for "emergency orders" in local regulations. However, protection orders include victims of violence or any other person in the family group, whether or not they share the same house (Article 7 of the LADV).
4.1.10 How long do the orders last?
The judge establishes the duration of a protection order in the resolution and the protection order is maintained until the execution of the sentence, except for when it is necessary to extend its validity to guarantee compliance with the sentence (Article 76 of the FPL).
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.
- El Salvador's Femicide Crisis, The Yale Review of International Studies
- How Violence Affects Women in El Salvador, Latin America Working Group
- El Salvador: Information Gathering Mission Report — Part 2. The Situation of Women Victims of Violence and of Sexual Minorities in El Salvador, Canada: Immigration and Refugee Board of Canada, September 2016
- Women on the Run: FIRST-HAND ACCOUNTS OF REFUGEES FLEEING EL SALVADOR, GUATEMALA, HONDURAS, AND MEXICO, The United Nations Refugee Agency
- EL SALVADOR: Submission to the Human Rights Committee for the 114th Session, The Advocates for Human Rights, July 2015
- ACCESS TO JUSTICE FOR WOMEN VICTIMS OF VIOLENCE IN THE AMERICAS, Inter-American Commission on Human Rights
4.2.1 What documentation is needed to obtain a civil protection order?
The victim's request for precautionary measures must be made in writing stating the facts, the basis for the measures, and the precise determination of them and their scope (Article 79 of the FPL).
4.2.2 Does the victim need to attend a hearing?
No, the victim does not need to attend a hearing. The protection order can be requested before the preliminary hearing. To request a protection order, the victim first has to file a complaint before the attorney general of El Salvador or the National Civil Police. The protection order can be requested thereafter and the judge must immediately decree the precautionary, preventive or protection measures that they deem pertinent if the case requires it (Articles 21 and 23 of the LADV).
4.2.3 Can you request remedies?
Yes, the victim can request remedies. As a result of a hearing, the judge can oblige the aggressor to pay the victim damages arising from the violent conduct, such as health services, medicine, value of goods and other expenses derived from the violence (Article 28 of the LADV).
4.2.4 Are there time limits?
Precautionary measures may be requested and decreed at any stage of the process (Article 75 of the FPL). If the petition is made before suing or claiming, then the victim has 10 days to present the claim, otherwise the precautionary measures will end (Article 75 of the FPL).
4.2.5 Are there different rules in emergencies?
Local regulations do not mention emergency protection orders.
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?
It appears that judges have complete discretion in granting protection orders, considering the severity of the circumstances of the case. The judge may consider the following, among other things:
- When there is domestic violence that seriously jeopardizes the physical, sexual, psychological or physical integrity of its inhabitants, a court order can allow for the residence to be searched (Article 7(g) of the LADV).
- A court order can help the victim get public safety/police assistance (Article 7(m) of the LADV).
- Per the judge's judgment (not necessarily a court order), the judge can prohibit the aggressor from ingesting alcoholic beverages, narcotics, hallucinogens or substances that generate physical or mental dependence (Article 7(d) of the LADV).
- The aggressor's permit to carry weapons can be suspended or the aggressor's weapons can be confiscated while a protection order is valid (Article 7(h) of the LADV).
4.3.2 Are there age limits on who can obtain orders?
The LADV does not specify age limits for protection orders. However, it does state that when the victim is a minor or a vulnerable or disabled person, the facts may be reported by their legal representatives, by the victim and by welfare, social and educational institutions, as well as any authority or person who has knowledge of the acts of domestic violence (Article 15 of the LADV).
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
Yes, victims can ask for costs and restitution to be paid. As a result of a hearing, the judge can oblige the aggressor to pay the victim the damages arising from the violent conduct, such as health services, medicine, value of goods and other expenses derived from the violence (Article 28 of the LADV). In addition, when the main objective of the judicial process is to protect a minor, the judge can set the amount of compensation for the damages that the offender must pay to the minor. This includes compensation for moral and material damage (Article 144 of the FPL).