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Founded in 2008
3 people in their team
English
Advocatenkantoor PaesenNeyensDirckx is a Bree based law firm established in 2008 through the collaboration of Koen Paesen and Bert Neyens. The founders bring extensive experience in huurrecht, verkeersrecht, verzekerings- en aansprakelijkheidsrecht, and vastgoed- en bouwrecht, delivering practical,...
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About Domestic Violence Law in Bree, Belgium

Domestic violence covers physical, psychological, sexual, economic and emotional abuse that happens within intimate or family relationships. In Bree, Belgium, domestic violence is addressed under national Belgian criminal and civil law, and through local social and police services. Victims can seek immediate protection from police and pursue criminal charges, civil protection orders and family-law remedies that deal with custody, residence and support. Support services such as victim assistance and shelters are available locally and regionally.

Why You May Need a Lawyer

Domestic violence cases often involve complex legal, personal and safety issues. A lawyer can help you in many situations, including:

- Filing a criminal complaint and understanding the criminal process, charges and possible outcomes.

- Seeking urgent protection measures such as restraining orders or exclusion from the home.

- Advising and representing you in family-law matters like separation, divorce, child custody, visitation, and child support.

- Helping you obtain compensation for physical and psychological harm, lost income and property damage.

- Navigating interactions with police, prosecutors and courts, including preparing evidence and attending hearings.

- Advising on immigration implications if you or the other party are not Belgian citizens.

- Helping you access legal aid and other local support services.

Local Laws Overview

Key legal features relevant to domestic violence cases in Bree include:

- Criminal law framework - Acts of physical assault, sexual violence, threats, stalking and persistent harassment are prosecuted under Belgian criminal law. Serious offenses can result in arrest, prosecution and criminal penalties.

- Reporting and prosecution - Victims can make a formal report with the police. The public prosecutor's office - parket - decides whether to bring criminal charges. Victims can also pursue a private civil claim for damages.

- Immediate police measures - When a situation is dangerous or escalating, police can intervene and take immediate measures to protect you, including temporary removal of the alleged aggressor from the shared home and filing an official police report.

- Protection orders and civil measures - Courts can grant civil protection measures to prevent contact and to regulate residence or custody while proceedings continue. Family courts can order temporary custody arrangements and emergency maintenance.

- Victim support - Victims have access to victim assistance services that offer counseling, legal information and help finding shelter. Medical documentation and reports from emergency services or general practitioners can be important evidence.

- Legal aid - If you have limited financial means, you may be eligible for subsidized legal assistance - gesubsidieerde rechtsbijstand - which helps pay for an attorney.

- Language and procedure - Bree is in the Dutch-speaking part of Belgium. Court proceedings and official documents are typically in Dutch. Interpretation and translation services can be requested when needed.

Frequently Asked Questions

How do I get immediate help if I am in danger right now?

Call emergency services - dial 112 for immediate danger or 101 to contact the police in Belgium. If possible, move to a safe place and let the operator know your location and the nature of the threat. The police can take immediate protective steps and file a report that begins any criminal investigation.

How do I file a complaint or press charges?

You can file a complaint - aangifte - at a local police station. The police will record the incident and forward the file to the public prosecutor. You may also speak to victim support services who can accompany you and explain the procedure. A lawyer can assist in drafting and submitting a detailed statement and ensuring important evidence is preserved.

Can the police force the abuser to leave the home?

Police have powers to protect victims in dangerous situations and can request immediate measures, including asking an alleged aggressor to leave the residence. For longer-term exclusion or formal restraining orders, a judge or public prosecutor may need to issue an order. A lawyer can advise on the options and help request urgent court measures if needed.

What evidence should I collect?

Keep medical reports, photographs of injuries or damage, screenshots of abusive messages, call logs, witness names and written accounts of incidents with dates and times. Preserve police reports, hospital records and any communication from the other party. This documentation is often critical in both criminal and civil proceedings.

Can I get a protection or restraining order?

Yes. Courts can grant protection orders that limit contact and proximity between the alleged aggressor and the victim. The exact procedure and type of order depend on whether the case is handled as a criminal matter or a civil/family matter. Talk to the police, victim support or an attorney about initiating the appropriate request quickly.

Will reporting affect my children or custody arrangement?

Reporting domestic violence can lead to investigations and temporary arrangements to protect children. Family courts prioritize the childs safety and welfare when deciding custody or visitation. If there are safety concerns, seek immediate legal advice to request protective measures for children and to present evidence that supports safe arrangements.

What if I cannot afford a lawyer?

You may qualify for subsidized legal aid - gesubsidieerde rechtsbijstand - depending on your income and assets. Local victim support services and CAW can also provide legal information and help you apply for legal aid. Many lawyers offer an initial consultation to explain options and possible costs.

Can the abuser be criminally prosecuted without my participation?

Yes. The public prosecutor can proceed with prosecution even if a victim withdraws their statement, especially in serious cases. The prosecutors assess public interest and the strength of the evidence. Your cooperation can be important, but it is not the only factor in whether charges move forward.

What protections exist for non-Belgian residents or victims with insecure immigration status?

Non-Belgian residents who are victims of domestic violence can still seek police protection, medical care and court orders. Immigration consequences are complex - consult a lawyer experienced in immigration and family law. You may also be eligible for special protections or assistance depending on your circumstances.

How long does the legal process take?

There is no fixed timeline. Emergency police measures and protection orders can be swift. Criminal investigations and court cases can take weeks to months or longer, depending on complexity and workload. Civil family procedures for custody or divorce can also vary. A lawyer can give a clearer estimate based on your case.

Additional Resources

For help in Bree and the wider Limburg region, consider contacting the following types of organizations and services:

- Local police station in Bree for emergency intervention and to file a report.

- Emergency services - dial 112 for immediate danger.

- Victim support organizations - Slachtofferhulp and regional victim assistance services can provide emotional support, information and accompaniment.

- CAW - Centrum Algemeen Welzijnswerk - offers crisis intervention, counseling and help finding shelters and social services.

- Public prosecutor - parket - handles criminal prosecution; victim support can help explain your role and rights in the process.

- Municipal social services in Bree for local referrals, shelter options and social assistance.

- Legal aid offices and lawyers experienced in family and criminal law for legal representation and advice.

- Medical services and emergency departments for documentation of injuries and physical care.

Next Steps

If you are currently in danger - call emergency services now - 112. If it is a police matter but not an immediate emergency, you can also call 101 or go to your local police station to file a complaint.

After immediate safety is secured:

- Seek medical attention and request written records of injuries.

- Preserve evidence - keep messages, photos, and names of witnesses.

- Contact victim support services or CAW for counseling, safety planning and practical assistance including shelter if needed.

- Consider consulting a lawyer who specializes in domestic violence or family law to discuss protection orders, criminal complaints, and family-law remedies. Ask about eligibility for subsidized legal aid.

- If children are involved, prioritize their safety and inform child welfare or your lawyer so emergency custody or protective measures can be sought if necessary.

Every situation is different. If you need legal guidance, seek a lawyer with experience in domestic violence and family matters in the Limburg region. Legal and support services can help you understand your rights, protect your safety and pursue remedies available under Belgian law.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.