Fight against partner violence: reform on the way
For many, partner violence is a daily threat, even resulting in the loss of life as a regrettable consequence. The corona pandemic has further escalated this issue. Indeed, in the last two years, a tripling of domestic violence established.
This is an underexposed social problem, which was also recently recognized by the Belgian federal government. Minister of Justice Vincent Van Quickenborne, therefore, intends to make the perpetrators of intrafamily violence or partner violence stricter address.
This is not the first initiative in the area of criminal law, given the reforms that are already underway regarding the sexual criminal law. Some time ago, an extensive article was already written about the future reform around sexual criminal law (read the extensive article here)
This contribution explains the concrete reforms, the restraining order as a sanction and possible further steps in family law in partner violence.
Criminal justice reforms
Anyone who kills his or her partner on a whim risks up to 30 years in prison under the current criminal code.
In the fight against partner violence, Van Quickenborne wants the intrafamily manslaughter introduce as a new aggravating circumstance. This would allow a perpetrator of fatal partner violence to incur a life sentence even without premeditation.
Furthermore, a digital file will be set up to better identify domestic violence.
Complementarily, a digital risk assessment tool is currently being tinkered with. Based on a checklist of alarm signals for complaints of partner violence, this tool can ensure that disturbing risk situations are identified more quickly.
This, of course, we can only applaud.
The restraining order as a sanction against partner violence
Steps were already taken in 2013 to intervene without delay in cases of imminent family violence.
Thus, since then, it has been an option for the Prosecutor to establish a temporary restraining order impose on the perpetrator of domestic violence.
This may be decided if the circumstances show that there is a serious and immediate danger to the safety of the persons co-habiting in the home.
A restraining order can be imposed for up to 14 days from notification to the evicted person.
However, an extension of this period is possible through proceedings in the family court. Thus, the restraining order can be extended for up to three months.
Further steps on family law
If reconciliation between the partners after domestic violence is out of the question, ways to reconcile the relation efficiently terminate.
A de facto cohabitation can be severed without further formalities, by changing the registration in the population registers.
The termination of a legal cohabitation also does not require the intervention of a judge. Mere termination by declaration before the registrar of births, marriages and deaths is sufficient.
Marriage, on the other hand, always requires a court order to formally sever the marriage bond.
Initially, the spouses can agree on a divorce by mutual consent. This implies that an agreement will be drawn up, in which the parties will lay down together the arrangements regarding the important points of contention such as financial aspects, home, children and the like.
If an amicable settlement proves unfeasible or there is no consensus on certain issues, a procedure of divorce on grounds of irreparable disruption can be initiated. In this case, it will be the judge who decides on, among other things, the children's residence, possible maintenance money, etc.
Would you like more information about this or to be assisted by a specialized lawyer? Please feel free to contact us at info@bannister.be or at 03.369.28.00
Steven VAN GEERT
