4.1.2 Who can petition for civil protection orders?
The authorities must grant them as soon as they become aware of the facts likely to constitute violations or crimes involving violence against women. These are granted on a personal basis to protect a woman of any age to whom any kind of violence is inflicted (i.e., domestic, work related, educational and institutional).
4.1.3 Are there temporary custody of a child or child support orders?
Yes, both are contemplated as: (i) a temporary suspension of visitation and cohabitation for the aggressor; and (ii) a provisional and immediate maintenance obligation.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
Yes. There are two applicable emergency orders, as follows:
- the immediate and mandatory leaving of the aggressor from the conjugal home or where the victim lives (regardless of the ownership or possession of the property, even in cases where the property is rented)
- the immediate banning of the suspected perpetrator from approaching the home, workplace, school and relatives in the home or any other place that the victim frequents
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
No. Only these three types of civil protection orders are contemplated in Mexican law.
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
No, such protection measures can only be granted to women that suffer any kind of violence and, consequently, indirect victims (e.g., children).
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
The emergency and preventive protection orders are temporary and do not exceed 72 hours, while civil orders have no time limit.
4.1.8 Are ex parte orders permitted without the aggressor being present?
Yes, criminal, family or civil judges must grant these within eight hours of the request (without the abuser being present).
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
Yes.
4.1.10 How long do the orders last?
Emergency and preventive protection orders do not last for more than 72 hours, while civil orders have no time limit.
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.
4.2.1 What documentation is needed to obtain a civil protection order?
The law establishes that the testimony of the victim is enough to request a civil protection order. Nevertheless, it is recommended to have sufficient evidence.
4.2.2 Does the victim need to attend a hearing?
The request must be submitted personally before the Justice Centers for Women.
4.2.4 Are there time limits?
They are valid for 72 hours and must be issued within 24 hours of the event.
4.2.5 Are there different rules in emergencies?
Yes, an emergency protection order must be submitted before the criminal courts and may be submitted verbally.
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?
The judge has some discretion and may order protection orders based on an existing threat or risk, the safety of the victim and any other elements that are brought before them.
4.3.2 Are there age limits on who can obtain orders?
There are no age limits.
Direct or indirect victims, the public defendant or the legal representative in case the victim is under 12 years old may request protection orders.
These orders should be requested before a judge within 24 hours of the aggression having taken place.
A hearing would take place for the victim to explain the reasons for the order being requested.4.4.1 Can victims obtain reimbursement for costs and restitution paid?
Yes. The authorities may set the following remedies:
- alimony
- civil damages
- repair of damages (criminal)