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About Domestic Violence Law in St. Julian's, Malta

Domestic violence covers a range of harmful behaviours between people who are, or have been, in an intimate or family-type relationship. This includes physical assault, sexual violence, emotional or psychological abuse, economic control, stalking and harassment. In St. Julian's, as elsewhere in Malta, domestic violence can be addressed through both criminal law and civil protection procedures. Victims can report incidents to the Malta Police Force, seek medical attention, and apply to the courts for protection orders while criminal charges can be brought against alleged perpetrators.

Why You May Need a Lawyer

A lawyer helps protect your legal rights, explains options, and represents you in court. Common reasons to seek legal help include: applying for or defending against protection orders; lodging or responding to criminal charges; dealing with child custody, contact and residence issues where safety is a concern; seeking emergency measures such as removal of a partner from the shared home; securing legal aid or representation; preparing evidence and witness statements; and negotiating plea agreements or civil remedies such as compensation. A lawyer can also advise on interactions with the police, social services and health professionals.

Local Laws Overview

Maltese law addresses domestic violence through criminal offences and civil protection mechanisms. Physical assault, threats, harassment, stalking and sexual offences are criminally prosecutable under the Criminal Code and other specific statutes. Civil protections include court-issued protection orders that can impose restrictions on an alleged perpetrator - for example excluding them from the family home, prohibiting contact, or regulating proximity to the victim or children. Protection orders can be sought urgently and may begin as interim orders pending a full hearing. Breach of a protection order is a criminal offence with possible arrest and prosecution. In cases involving children, family law principles guide custody and residence decisions, with the childs best interests and safety taking priority. Police have powers to respond to emergency calls, make arrests where necessary, and to assist victims to reach safety. Evidence in criminal proceedings requires proof beyond reasonable doubt, while civil protection measures rely on the balance of probabilities, which is a lower threshold.

Frequently Asked Questions

What kinds of behaviour count as domestic violence?

Domestic violence includes physical attack, threats, sexual violence, repeated harassment or stalking, controlling financial resources, isolating you from family or friends, and repeated emotional or psychological abuse. The pattern and impact of behaviour on the victim are central when deciding if it is domestic violence.

How do I get a protection order in St. Julian's?

You can apply for a protection order at the Magistrates Court or through the police, who can assist you to start the process. The court may issue an interim protection order quickly if there is a risk, with a full hearing to follow. A lawyer or a support worker can help prepare the application and represent you at hearings.

Can the police arrest the alleged abuser?

Yes. If the police believe an offence has occurred or there is an immediate danger, they can arrest the alleged abuser. The police can also take steps to separate parties, remove someone from the shared home in urgent situations and assist victims to obtain immediate protection or emergency accommodation.

Will I have to pay to get legal help?

Legal fees vary. If you cannot afford a lawyer you may be eligible for state legal aid. The legal aid system covers certain cases and is means-tested. Even if you do not qualify, some non-governmental organisations and victim support services can provide advice or help you find pro bono or low-cost legal assistance.

Can I press charges and also apply for a protection order?

Yes. Criminal prosecution and civil protection orders are separate processes and can proceed simultaneously. A protection order focuses on immediate safety and restrictions, while criminal charges pursue accountability and possible punishment under the law.

What should I do with evidence of abuse?

Keep any records you can: photos of injuries, medical reports, screenshots of abusive messages, call logs, witness names and dates of incidents. Store copies in a safe place or with a trusted person. Give copies to your lawyer and to the police when you report the abuse.

How does domestic violence affect child custody decisions?

Courts prioritise the childs best interests and safety. Evidence of domestic violence can influence decisions on custody, residence and contact. In many cases the court may impose supervised contact, restrict unsupervised visits, or take other measures to protect the child and the victim parent.

How long do protection orders last?

Duration varies based on the type of order and case circumstances. An interim order may be temporary pending a full hearing. Final protection orders can run for months or years depending on the court finding and requested terms. A lawyer can advise on likely durations and how to seek extensions or modifications if circumstances change.

What happens if the abuser breaches a protection order?

Breaching a protection order is a criminal offence. If the order is breached you should contact the police immediately, who can arrest the alleged offender. Document the breach and obtain legal advice on next steps, including fresh applications to the court for stricter measures.

Where can I find confidential support and counselling?

Confidential support is available from local victim support services, social services, and specialised NGOs that provide counselling, safety planning and sometimes temporary accommodation. When contacting services, ask about confidentiality policies and how they will protect your personal information.

Additional Resources

Police assistance is available through the Malta Police Force and its local stations. The Magistrates Courts handle urgent protection order applications and related proceedings. Social services and local health services can provide immediate welfare, medical treatment and referrals. Victim support organisations and shelters offer counselling, practical help and safety planning. Legal aid offices or the relevant ministry can advise on eligibility for state-funded legal representation. Your local council or social welfare office can also help with referrals to community resources.

Next Steps

If you are in immediate danger, call the emergency number right away. If it is safe, seek medical attention for any injuries and keep records. Report incidents to the police or visit your local police station in St. Julian's to start an official record. Contact a lawyer experienced in domestic violence and family law to discuss protection orders and criminal options. If you cannot afford a lawyer, ask about legal aid or referral to pro bono services. Reach out to victim support services or social services for counselling, safety planning and possible temporary accommodation. Preserve evidence and maintain a written log of all incidents, including dates, times, witnesses and any communications. Finally, consider a safety plan for yourself and any children, and keep emergency contact details and important documents in a secure and accessible place.

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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.