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Find a Lawyer in CineyAbout Domestic Violence Law in Ciney, Belgium
Domestic violence in Ciney is treated as a serious criminal and family law issue under Belgian federal law and the policies of Wallonia. The term covers many behaviors between partners, ex-partners, spouses, family members, or people living together. It includes physical assaults, threats, sexual violence, stalking, intimidation, controlling or coercive behavior, economic abuse, and psychological abuse. Abuse can be in person or digital, such as monitoring devices, sharing intimate images without consent, or repeated harassment by message.
There is no single standalone domestic violence act in Belgium. Instead, the Belgian Criminal Code and specific federal measures protect victims and punish offenders. This includes police intervention, temporary removal of the alleged abuser from the family home, restraining orders, and prosecution. Civil courts can issue urgent protective measures about housing, children, and finances. In Ciney, local police, the public prosecutor for the Namur area, the Justice of the Peace, and the Family Court each play a role depending on the situation.
Victims have a right to be heard, to be informed about the case, to receive free victim support, to use an interpreter if needed, and to claim compensation. Services in Wallonia and at the provincial level can help you with safety planning, housing, psychological support, and legal assistance.
Why You May Need a Lawyer
A lawyer can help you understand your rights, make a plan, and move quickly. Common reasons to consult a lawyer include applying for a protection order, asking the prosecutor to remove the alleged abuser from the home, filing or following up on a criminal complaint, preparing evidence and medical certificates, and claiming damages as a civil party in the criminal case.
Family issues often arise at the same time. A lawyer can request urgent measures in Family Court about who uses the family home, temporary financial support, parental authority, custody and residence of children, and safe contact arrangements. If you are considering divorce or ending legal cohabitation, your lawyer can coordinate the timing so that protective measures are in place first.
Immigration and residence questions can be complex if your permit depends on your partner. Belgian immigration rules allow victims of domestic violence to request or keep an independent right of residence when abuse is proven. A lawyer can prepare the evidence and contact the commune and Immigration Office.
If you have been accused of domestic violence, a lawyer is essential to protect your rights, respond to police questioning, prepare your defense, negotiate bail conditions, and ensure court orders are workable and proportionate.
Local Laws Overview
Criminal offenses apply fully to domestic situations. Assault and battery, threats, harassment and stalking, sexual offenses, non-consensual sharing of intimate images, extortion, and property offenses can all be prosecuted when committed by a partner or family member. Prosecutors treat domestic violence as an aggravating factor in many cases.
Temporary eviction from the family home can be ordered under a federal law adopted in 2012. When police assess a serious and immediate risk, the public prosecutor may order the alleged perpetrator to leave the home for a short period, usually up to 10 days, with a no-contact rule. The Justice of the Peace can then extend or adapt the order after hearing both sides, often up to several weeks or months. Violating such an order is a criminal offense.
Protective and restraining orders are also available through criminal courts and family courts. Judges can forbid contact, forbid approaching certain places like the home, school, or workplace, and set communication rules. These measures can be granted urgently, sometimes the same or next working day.
Civil and family measures allow the Family Court to assign the use of the family home, regulate finances on a temporary basis, and order safe arrangements for children. The Youth Court can intervene to protect children if their safety is at risk. Domestic violence is a key factor in custody and contact decisions because courts must prioritize the best interests and safety of the child.
Evidence is flexible. You can use medical certificates, photos of injuries or property damage, threatening messages or call logs, witness statements, bank records showing economic control, and reports from social services. A medical record from a doctor or hospital describing your injuries and symptoms is very helpful. Keep digital evidence safely and do not delete messages unless your safety requires it.
Victim rights include information about the case, accompaniment to make a statement, a free interpreter, privacy protections in some situations, and free victim support provided through public services. If the offender cannot pay damages, you may apply to the Commission for Financial Assistance to Victims of Intentional Acts of Violence for partial compensation.
Language and procedure in Ciney are generally in French. If French is not your first language, ask police and courts for an interpreter. You can also request address confidentiality measures through the population register if you face serious threats, and your lawyer can help with that request at the commune.
Frequently Asked Questions
What counts as domestic violence in Belgium?
It includes physical violence, threats, stalking, psychological and emotional abuse, sexual violence, economic control, and digital abuse between current or former partners, family members, or people living together. The law prosecutes the underlying crimes and gives courts tools to protect victims in domestic contexts.
How do I report domestic violence in Ciney?
If you are in immediate danger, call 101 for police or 112 for emergency services. You can make a complaint at the local police station, at the hospital if you are treated there, or through a lawyer. Police will record your statement, collect evidence, assess risk, and inform the public prosecutor, who decides on urgent measures and the investigation.
Can the police remove the abuser from the home?
Yes. If there is a serious and immediate risk, the prosecutor can issue a temporary eviction order requiring the alleged abuser to leave the family home and stop contact for a short period. The Justice of the Peace can extend or modify the order after a hearing. Breaching the order is a criminal offense.
How quickly can I get a protection order and how long does it last?
Urgent no-contact and distance orders can be imposed the same day by the prosecutor when risk is high. The Justice of the Peace can hold a rapid hearing to extend measures. Family Court can also grant urgent protective measures. Durations vary, but short-term orders can last days to months, and courts can renew or adapt them if risk persists.
What happens after I file a complaint?
The prosecutor may open an investigation, interview witnesses, order medical or forensic exams, and seize devices or weapons. You may be contacted for additional information. If there is enough evidence, charges may be brought. You can join the criminal case as a civil party to claim damages and access parts of the file through your lawyer.
Will I have to face the abuser in court?
Courts try to reduce direct contact. Protective orders can require separate waiting rooms, remote testimony when allowed, and strict no-contact rules around hearings. Victim support staff can accompany you. Your lawyer can request additional protective arrangements if needed.
What if I am not a Belgian citizen or my residence depends on my partner?
Belgian immigration law allows victims of domestic violence to seek or keep an independent residence permit when abuse is established, even if the relationship ends. Gather evidence and consult a lawyer quickly. The commune and the Immigration Office will consider medical reports, police records, and other proof.
How are children protected and how does domestic violence affect custody?
Courts must prioritize the child’s safety and well-being. Evidence of domestic violence can lead to supervised contact, suspension of contact, or tailored conditions. The Youth Court can intervene if a child is at risk. A lawyer can request urgent measures to ensure safe handovers and communication protocols.
Can I get free or low cost legal help in Ciney?
Yes. First-line legal information is available for free. If your income is below certain thresholds or you meet specific conditions, you may qualify for second-line legal aid, often called pro deo, which provides a lawyer at reduced cost or free. Contact the local bar legal aid office in Namur or Dinant, or ask the CPAS for guidance.
What if I have been wrongly accused?
Do not contact the complainant if a no-contact rule is in place. Speak to a lawyer before giving a detailed statement. Preserve messages, call logs, and any evidence that supports your account. Your lawyer can challenge a removal order, request modifications to contact conditions, and prepare your defense.
Additional Resources
Police and emergency services in Belgium can be reached at 101 for police and 112 for medical or fire emergencies. Use these numbers if you or someone else is in immediate danger.
Écoute Violences Conjugales offers a free French-language helpline for domestic violence at 0800 30 030. It provides confidential listening, information, and referral to local services in Wallonia.
Helpline 1712 provides advice in Dutch on violence, abuse, and neglect. It can be used by people who live, work, or study in Flanders and may help if Dutch is your preferred language.
The Maison de Justice and victim support services in the Namur judicial district can accompany you to make a statement, explain procedures, and help with compensation claims. Ask police or your lawyer for a referral to victim assistance near Ciney.
The CPAS of your commune can help with urgent housing, financial support, and administrative matters. Ask about safe housing options and confidentiality of your address if you fear being located.
Local hospitals and general practitioners can provide medical care and issue medical certificates that describe injuries and symptoms. These certificates are important evidence and should be requested as soon as possible after an incident.
Bar associations in Namur and Dinant operate legal aid desks, called Bureaux d’Aide Juridique, where you can check eligibility for pro deo representation and be referred to a lawyer experienced in domestic violence cases.
The Commission for Financial Assistance to Victims of Intentional Acts of Violence can provide partial compensation when the offender is unknown or insolvent. Victim support services and lawyers can help you prepare an application.
SOS Enfants teams of the Fédération Wallonie-Bruxelles offer assessment and support for children exposed to violence. They can coordinate with schools, doctors, and courts to keep children safe.
Next Steps
Focus first on safety. If there is a risk of immediate harm, call 101 or 112. If you can, move to a safe place and take essential documents, medications, bank cards, and your phone. Consider turning off location sharing on apps and changing passwords.
Seek medical care and ask for a medical certificate. Tell the doctor what happened so they can document injuries accurately. Keep copies of all medical records and prescriptions.
Preserve evidence. Save messages, call logs, emails, social media posts, and photos of injuries or damage. Do not edit files. Make a backup somewhere safe. Write down dates, times, and details while they are fresh.
Make a police report as soon as you are able. If you cannot go in person, ask a trusted person, a victim support worker, or your lawyer to help you arrange it. Tell police if you fear further harm so they can assess the need for urgent protective measures.
Contact a lawyer who handles domestic violence cases in the Namur or Dinant area. Ask about emergency protection orders, family court measures, immigration questions, and how to claim compensation. If cost is a concern, ask the Bureau d’Aide Juridique about pro deo eligibility.
Plan for children’s safety and routines. Ask your lawyer to request interim family court orders about custody, contact, and safe handovers. Inform the school or childcare provider about any no-contact orders and who is allowed to collect the child.
Consider administrative protections. Ask your lawyer or the commune about address confidentiality in the population register if you are at risk, and about changing registration if you must leave the home.
Follow up and get support. Victim support services can accompany you to hearings, help with practical needs, and connect you to counseling and shelters. Keep a calendar of deadlines and hearing dates, and stay in regular contact with your lawyer.
This guide is informational and not a substitute for personalized legal advice. Laws and procedures can change. For tailored guidance in Ciney, consult a qualified lawyer and contact local victim support services as early as possible.
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.