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Free Guide to Hiring a Family Lawyer
Domestic violence covers abusive behaviour between people who are or were in an intimate or family relationship. It can be physical, sexual, psychological, emotional, or economic. In Maaseik, as in the rest of Belgium, domestic violence is addressed through a mix of criminal law, civil law and social services. The police and public prosecutor can investigate and prosecute criminal acts. Civil proceedings can provide protection orders, custody and housing decisions. Social services and specialised organisations can offer shelter, counselling and practical support.
A lawyer can help at many stages when domestic violence is involved. Common situations where legal help is useful include:
- Filing a criminal complaint or following up with the public prosecutor. A lawyer explains your options and helps prepare statements and evidence.
- Requesting emergency protection measures, restraining orders or barring orders from the court. Legal representation improves the chance of securing effective measures quickly.
- Starting civil proceedings such as separation, divorce, child custody and visitation arrangements. These cases often overlap with safety concerns and require careful legal strategy.
- Enforcing or changing existing court orders, for example eviction of the abusive person from the family home or alteration of access rights to children.
- Applying for legal aid if you cannot afford a lawyer. A lawyer can assist with the application and represent you under the subsidised legal aid system.
Key legal points relevant to domestic violence in Maaseik and Belgium generally include:
- Criminal offences: Physical assault, sexual offences, threats, stalking and severe harassment are criminal acts. Police can make arrests and the public prosecutor can bring charges.
- Protection measures: Courts can impose protective measures to keep the alleged abuser away from the victim and the family home. Such measures can be interim and be adapted during ongoing proceedings.
- Civil remedies: Family courts handle separation, divorce, child custody, visitation, maintenance and division of assets. Civil orders can include exclusive use of the family home, temporary custody or supervised contact arrangements.
- Victim rights: Victims have the right to file a complaint, receive information about proceedings, request protective measures and access victim support services. Victims can also be represented by a lawyer and may be eligible for state compensation in certain cases.
- Police role and prosecution: Police are the first point of contact in emergencies. The public prosecutor decides whether to pursue criminal charges. Some offences are prosecuted publicly, so the decision to proceed rests with the prosecutor once a complaint is filed.
- Legal aid: If you cannot afford private legal help you may qualify for subsidised legal assistance. Eligibility depends on income, assets and the nature of the case.
If you are in immediate danger call the emergency number - 112. If it is not an immediate emergency but you need police assistance call the non-emergency police number - 101. If possible, go to a safe place such as a friend or family member, a shelter or a public building. Try to preserve evidence - photos, messages, medical reports - but only if it is safe to do so.
Yes. You can file a complaint with the local police station. The police will record the complaint and may start an investigation. The public prosecutor will decide whether to press charges. You can also seek civil measures for your safety through the courts.
The police can arrest someone when there is immediate danger or when a criminal offence is committed and the officer has grounds for arrest. After arrest the public prosecutor decides whether to press charges and whether detention is necessary. The police can also take immediate measures to protect you, such as temporarily separating the parties.
Protection measures can be requested through the courts, often with the help of a lawyer or victim support service. In urgent situations police may take immediate steps to keep the alleged abuser away. The exact procedures vary by case and by the nature of the measures required. A lawyer or a specialised support organisation can guide you through applications and hearings.
Courts base decisions about children on the best interests of the child. If there are serious safety concerns the court or youth protection services may take measures to protect children, which can include supervised contact or temporary placement. In many cases the court seeks arrangements that keep the child safe while preserving family ties when possible.
Useful evidence includes medical reports, police reports, photographs of injuries or damage, screenshots of threatening messages or calls, witness statements, and records of contacts with services. Keep a secure log of dates, times and descriptions of incidents. If you fear for your safety, tell your lawyer or support worker before gathering evidence so they can advise on secure storage and confidentiality.
Yes. Belgium provides subsidised legal assistance for people with limited means. The criteria depend on income and the type of case. A lawyer or a legal aid office can help you apply. Some victim support organisations can also connect you with a lawyer who works under the legal aid system.
There is no guarantee of how the other person will react. Filing a complaint may escalate risk in the short term for some victims, which is why safety planning is important. Contact the police, a lawyer or a specialised support service for safety planning before or immediately after filing a complaint. In many cases legal action provides necessary protection and can reduce future harm.
Legal action can have consequences for a person-s immigration or residency status, especially if criminal charges lead to conviction. If immigration status is a concern for you or the other person, consult a lawyer who specialises in both family/ criminal law and immigration issues so you understand the implications and protect your rights and the rights of any children.
Timescales depend on whether the matter is handled by the police and criminal courts or in civil family courts. Emergency measures can sometimes be granted quickly, while criminal investigations and family proceedings can take weeks to months. Possible outcomes include criminal convictions, protection orders, division of assets, custody and contact arrangements, or negotiated agreements such as mediated settlements. A lawyer can estimate expected timelines based on the facts of your case.
There are several types of organisations and public bodies that can help people facing domestic violence in Maaseik:
- Local police - for immediate protection and for filing a criminal complaint.
- Public prosecutor - the authority that decides on criminal prosecution.
- CAW - Centres for General Welfare Work provide counselling, shelter referrals and practical support across Belgium. Search for the CAW office that serves Limburg.
- Victim support services - organisations that offer emotional support, practical help with reporting and court accompaniment, and advice about victim rights and compensation.
- Municipal social services in Maaseik - the city social services can help with housing, financial support and local referrals.
- Legal aid offices and local bar association - for information about subsidised legal representation and lists of local lawyers who specialise in family and criminal law.
- Shelters and safe housing services - emergency accommodation for people fleeing domestic violence.
Follow these steps if you need legal assistance or immediate protection:
- If you are in immediate danger call 112. If you need urgent police assistance but no immediate life threat call 101.
- Find a safe place and let a trusted person know where you are. Keep your phone charged and carry important documents if you can do so safely.
- Preserve evidence safely - take photos, keep messages, keep medical records and note dates and times of incidents.
- Contact the local police in Maaseik to file a report and to learn about immediate protective measures.
- Reach out to a victim support organisation or CAW for practical help, counselling and assistance navigating services.
- Consult a lawyer who specialises in domestic violence, family law or criminal law. If you cannot afford a lawyer ask about subsidised legal aid when you contact the legal aid office.
- If children are involved, inform child protection services or ask police about measures to ensure their safety.
- Keep copies of all documents and names of officials you speak with. Take notes after meetings and hearings to help your lawyer prepare your case.
Remember - every situation is different. Legal rules and procedures can change and depend on specific facts. A local lawyer or specialised support service in Maaseik can provide tailored advice and represent your interests effectively.
