4.1.1 Are there civil protection orders available to victims of domestic abuse?
Yes, in Venezuela civil protection orders prohibit or limit the aggressor from being close to the place of work, residence or study of an attacked woman. (Article 90 of the Act on Women's Right to a Life Free From Violence).
4.1.2 Who can petition for civil protection orders?
The victim or her relatives (up to the fourth degree) can request a civil protection order (Article 85 of the Act on Women's Right to a Life Free From Violence).
4.1.3 Are there temporary custody of a child or child support orders?
The Act on Women's Right to a Life Free from Violence establishes that when a woman requests preventive measures in case of a possible crime against her, the authorities may provide temporary shelter to the woman and her children in special institutions created for that purpose known as Casa de Abrigo (Article 90, Section 2 of the Act on Women's Right to a Life Free From Violence).
In addition, the Act for the Protection of Girls, Boys and Teenagers provides that the Tribunal for the Protection of Children and Teenagers can decide on the modification, restriction or prohibition of the custody of a child (Article 177 of the Act for the Protection of Girls, Boys and Teenagers). It also states that the custody of a child can be granted temporarily to one of the parents as a preventive measure (Article 466 of the Act for the Protection of Girls, Boys and Teenagers).4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
Yes, the authorities can request that the aggressor leave the family residence, regardless of whether he is the owner, without letting him to take any personal belongings. To do so, it is possible to use police force. The authorities may also request that the aggressor stay away from the residence, place of work or place of study of the attacked women or to live in a different municipality to that of the affected women (Article 90, Sections 3 and 5 and Article 95, Section 4 of the Act on Women's Right to a Life Free From Violence).
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
Yes, women are allowed to request the following preventive measures:
- prohibit the alleged aggressor, by himself or by third parties, from carrying out acts of persecution, intimidation or harassment on the attacked woman or any member of her family
- request the temporary arrest of the aggressor
- request the confiscation of possible firearms or other products that the aggressor may use to attack the woman
- request the suspension of his firearm permit if the aggressor has one
- request that the aggressor provide the necessary support to guarantee the woman's subsistence, in the event that she does not have the economic means to do so and there is a dependent relationship with the alleged aggressor
- request any other measures necessary for the protection of the attacked woman and her children
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
Yes, the victim or the legal representatives can request them directly or indirectly.
As mentioned before, the orders can be requested by the victim or any family member up to the fourth grade of kinship. However, the act establishes that the direct family and health personnel — who have knowledge of the situation — or human rights institutions can report a crime against an attacked woman (Article 73 of the Act on Women's Right to a Life Free From Violence).4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
The applicable legislation establishes the following: (i) order the alleged aggressor to leave the residence; (ii) return women victims of violence to their homes, ordering the simultaneous departure of the alleged aggressor; and (iii) prohibit or restrict the alleged aggressor from approaching the attacked woman in the residence, place of work or place of study (Article 90, Sections 3, 4 and 5 of the Act on Women's Right to a Life Free From Violence).
4.1.8 Are ex parte orders permitted without the aggressor being present?
The applicable legislation does not provide any specifics. However, to have a fair process, it is mandatory to request a statement from the alleged aggressor that helps to understand the alleged facts. Therefore, it is our understanding that the presence of the alleged aggressor will be necessary during the procedure (Article 75, Section 4 of the Act on Women's Right to a Life Free From Violence).
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
Yes, the authorities can prohibit the aggressor by himself or through any third party from carrying out acts of persecution, intimidation or harassment on the affected woman or any member of her family. The authorities can issue any other necessary measure to protect any relative of the attacked woman (Article 90, Sections 6 and 13 of the Act on Women's Right to a Life Free From Violence).
4.1.10 How long do the orders last?
All preventive measures, including civil protection orders, last for the entire duration of the procedure. As result of the procedure, they may be modified, confirmed, revoked or substituted by different measures (Article 91 of the Act on Women's Right to a Life Free From Violence).
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.
It appears that there are no official governmental sources of information in this regard. Nongovernmental organizations, private organizations or the media publish most of the information. Please find some links below:
- https://cepaz.org/
- https://cepaz.org/tema/mujeres/page/2/
- https://www.infobae.com/america/venezuela/2019/08/27/en-lo-que-va-de-2019-venezuela-registro-1-180-casos-de-abuso-sexual-y-un-aumento-de-femicidios/
- http://www.correodelorinoco.gob.ve/venezuela-2019-por-machismo-cometieron-167-femicidios-segun-lo-registrado-en-los-medios-de-comunicacion/
- http://www.inamujer.gob.ve/?page_id=3630
- http://aliadasencadena.org/wp-content/uploads/2012/09/DSSR-en-Venezuela-_Tomo-6.-Violencia-contra-las-mujeres.pdf
4.2.1 What documentation is needed to obtain a civil protection order?
There is no specific requirement; however, all evidence is admitted in this procedure (Article 83 of the Act on Women's Right to a Life Free From Violence).
4.2.2 Does the victim need to attend a hearing?
In the hearings, both parties should attend to provide arguments and evidence. However, the victim can decide if she wants to have the hearing closed or open to the public (Article 107 and 109 of the Act on Women's Right to a Life Free From Violence).
4.2.3 Can you request remedies?
Yes, victims can obtain the following remedies as part of the procedure against a crime committed by an aggressor:
- temporary arrest of the alleged aggressor
- alimentary obligation in favor of the victim
- prohibition on the aggressor from living in the same municipality as the victim
4.2.4 Are there time limits?
The whole procedure will last up to four months. An extension can be granted by the Prosecutor's Office of up to 90 days.
4.2.5 Are there different rules in emergencies?
In case of an emergency, the immediate arrest of the possible aggressor can be requested (Article 93 of the Act on Women's Right to a Life Free From Violence).
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?
The special judge on violence against women can: (i) substitute, modify or revoke the protective measures imposed; (ii) determine the measures requested by the victim or the Prosecutor's Office; and (iii) impose any other measure depending on the circumstances of the case.
If the urgency of the case requires it, it will not be necessary to use the medical test to impose the protective measure. In this case, the judge will be able to support the measure for any other kind of evidence, including the presence of the victim in the hearing (Article 94 and Article 95 of the Act on Women's Right to a Life Free From Violence).4.4.1 Can victims obtain reimbursement for costs and restitution paid?
Yes. Based on the Act on Women's Right to a Life Free From Violence, they can request the following.
Compensation: Every fact of violence set forth in the law will be subject to compensation to the victims or their heirs where the woman has died because of such criminal activities. The amount of the compensation will be determined by the judge, regardless of the additional obligation to pay medical or psychological treatment to the victim (Article 61 of the Act on Women's Right to a Life Free From Violence).
Reparation of material damages: The victim will have the right to receive the payment of damages suffered to their patrimonial goods and real estate where the accused is condemned for any of the crimes set forth in this law. The competent judge will determine the payment of damages. When reparation is not viable, the condemned person will pay the market value of the goods (Article 62 of the Act on Women's Right to a Life Free From Violence).
Compensation for sexual harassment: The person responsible for the sexual harassment will pay compensation to the victim based on: (i) the amount of damages caused to the victim in relation to their access to employment or promotion in relation to the same; and (ii) the amount ranging from VEB 150,000 to VEB 750,000 when the compensation cannot be determined based on damages (Article 66 of the Act on Women's Right to a Life Free From Violence).4.4.2 Can they recover wages and profits lost?
It is not established in the Act on Women's Right to a Life Free From Violence.
The Act on Women's Right to a Life Free From Violence only establishes that victims of violence will have the right to a reduction or adjustment of their labor time, geographical mobility and work center, to the suspension of the labor relationship and to exceed such time in the terms determined. The absence of victims from work, derived from physical or psychological violence, will be deemed justified when determined by a public or private health center, in terms of the corresponding laws (Article 34 of the Act on Women's Right to a Life Free From Violence).4.4.3 Is a separate civil process required?
The Act on Women's Right to a Life Free From Violence includes a civil chapter setting forth the compensation and reparation of the damages available to the victim. This chapter states that these matters will be processed before specialized competent judges. It is our understanding that these are referred to the judges on violence against women, which are competent to resolve these matters (Articles 61, 62, 63, 67 and 84 of the Act on Women's Right to a Life Free From Violence).