Best Domestic Violence Lawyers in Swieqi

About Domestic Violence Law in Swieqi, Malta

Domestic violence in Swieqi is governed by national Maltese law. The key framework is the Gender Based Violence and Domestic Violence Act, which implements the Istanbul Convention and works together with the Criminal Code, the Victims of Crime Act, and family law. Domestic violence covers physical, sexual, psychological, and economic abuse. It applies to married couples, partners, former partners, people who are dating or have dated, people who live together or used to live together, family members, and people related by affinity or adoption. Authorities treat domestic violence as a serious crime and provide protective measures, support services, and court remedies.

Although Swieqi is a local community with its own council, reports, investigations, court protection, and prosecutions are handled by the national police, prosecution services, and the courts in Malta. You can report concerns at any police station, and you can access support and shelters that serve the whole island. If you are in immediate danger, call 112. For emotional support, safety planning, and referrals, call Supportline 179.

Why You May Need a Lawyer

A lawyer can help you understand your options, protect your rights, and move quickly to keep you and your children safe. Common situations where legal help makes a difference include applying for a protection order that bans contact and can remove an aggressor from the home, requesting a civil prohibitory injunction for urgent no contact relief, reporting to the police and giving a detailed statement, especially when there are prior incidents or ongoing threats, dealing with bail conditions and breaches of orders, and making sure breaches are reported and acted on.

Legal help is also important for family law issues that often arise in domestic violence cases. This includes separation, divorce, care and custody of children, access arrangements, and maintenance. Courts must consider domestic violence when deciding what is in a child’s best interests. A lawyer can help you request supervised access, safe handover arrangements, and orders that prioritise safety.

Other situations include immigration or residence concerns for foreign nationals, workplace safety orders and confidentiality, housing issues when you need to stay in or leave a shared home, civil claims for damages or restitution, and defending yourself if false allegations are made against you. A lawyer can coordinate with support services, help you document evidence, and represent you in both criminal and family proceedings.

Local Laws Overview

Definition and scope. Maltese law defines domestic violence broadly to include physical harm, sexual violence, threats, stalking and harassment, intimidation, coercive control, and economic abuse, when these occur in a domestic or intimate relationship or within the family. Protection applies to adults and children, regardless of gender or sexual orientation.

Criminal remedies. Domestic violence can involve standalone crimes under the Criminal Code, such as bodily harm, threats, harassment and stalking, sexual offences, and property damage. The police can arrest without a warrant where there is a reasonable suspicion of an offence and a risk of harm. Prosecutors can request protection orders and treatment orders. Breaching a protection order is a crime on its own.

Protection orders. Courts can issue protection orders that prohibit contact, require the aggressor to keep a set distance, remove the aggressor from the home, and restrict communications and third party contact. Protection orders can be requested promptly during criminal proceedings. Breaches should be reported immediately to the police.

Civil injunctions. In urgent situations, you can seek a civil warrant of prohibitory injunction from the Civil Court to restrain an imminent unlawful act, such as approaching you or the children. These can be granted on an urgent basis and then confirmed after a short hearing.

Family law. In separation, divorce, and parenting proceedings, courts must prioritise safety and the best interests of the child. Where there is domestic violence, courts can order supervised access, safe handovers, and specific communication rules, or suspend access if required to protect a child or a parent.

Victims’ rights. Under the Victims of Crime Act, victims have the right to information, interpretation and translation, updates on their case, measures to avoid contact with the accused in court, testimony by video link where appropriate, and referrals to support services. Victims may seek compensation from the offender, and in some cases can apply for state assistance schemes.

Police and specialist units. The Malta Police Force has a dedicated unit for gender based violence and domestic violence. Officers conduct risk assessments, safety planning, and referrals to support services. You can report at any police station, including the nearest station serving Swieqi.

Legal aid. You may qualify for legal aid through the Legal Aid Malta Agency based on your means and the type of case. Victims may also access legal assistance in specific applications connected to domestic violence, such as protection orders, family proceedings, and compensation claims.

Frequently Asked Questions

What is considered domestic violence in Malta?

Domestic violence includes physical assault, sexual violence, threats, intimidation, stalking and harassment, controlling or coercive behavior, and economic abuse that occurs between partners, former partners, cohabitants, family members, or people in intimate or family relationships. It covers abuse against adults and children and applies to all genders and sexual orientations.

How do I report domestic violence in Swieqi?

If you are in immediate danger, call 112. Otherwise, you can go to any police station to make a report. Tell the officer if you fear further harm so a risk assessment can be completed. The police can take your statement, collect evidence, photograph injuries, and refer you to the domestic violence unit and support services. You can also call Supportline 179 for guidance and referrals.

How quickly can I get a protection order?

Courts can issue protection orders promptly once criminal proceedings start, and in urgent civil situations you may apply for a warrant of prohibitory injunction that can be granted on short notice to stop the aggressor from approaching or contacting you. The exact timing depends on the facts, the urgency, and court availability, but urgent applications can be heard quickly.

Will the police remove the abusive partner from the home?

The police can arrest a suspect where the law allows, and the court can order that the accused does not return to the home or approaches no one protected by the order. A protection order or bail conditions can require the aggressor to stay away from the residence and from specified places such as your workplace or the children’s school. Report any breach immediately.

What evidence should I keep or bring?

Keep medical reports, photographs of injuries and damage, threatening messages, call logs, recordings if lawfully obtained, and details of witnesses. Write down dates, times, and what happened, including prior incidents. If you seek medical care, tell the clinician that the injuries are the result of domestic violence so it is noted in your record.

What happens to my children and custody during a case?

Courts decide child arrangements based on the best interests of the child and must consider domestic violence. You can ask for supervised access, safe handovers, specific communication rules, or suspension of contact if needed for safety. If there is immediate risk to a child, contact the police and child protection services right away.

Can I get legal aid or free legal advice?

You may qualify for legal aid for protection orders, family proceedings such as separation, care and custody, and maintenance, and for certain compensation claims. Eligibility often depends on your means and the type of case. Ask the Legal Aid Malta Agency or a lawyer about urgent applications and how to apply. Supportline 179 can refer you to services that offer legal information and assistance.

I am a foreign national. Can I still get protection?

Yes. Maltese law protects all victims in Malta regardless of nationality or residence status. You can report to the police, seek a protection order or civil injunction, and access shelters and support services. Ask a lawyer about any immigration implications and your rights to residence if you separate from a partner due to violence. Interpreters can be provided during police and court procedures.

Can I withdraw my complaint or charges later?

Once a report is made, the case belongs to the State and the decision on whether to proceed is made by the prosecuting authorities. Your wishes will be considered, but the case may continue if there is enough evidence. If you feel pressured to withdraw, tell the police or your lawyer. It may be a further offence to threaten or coerce you.

How long do cases take and will I have to attend court?

Timeframes vary based on complexity, evidence, and court schedules. Urgent protective measures can be issued quickly, while criminal or family cases may take longer. You may be required to testify. The court can take steps to reduce contact with the accused, such as separate waiting areas, video link testimony when appropriate, and protective screens.

Additional Resources

Emergency services. For immediate danger call 112. For emotional support, safety planning, and referrals call Supportline 179, which operates 24 hours every day.

Malta Police Force Domestic Violence and Gender Based Violence Unit. Specialised officers investigate cases, conduct risk assessments, and coordinate safety planning. You can report at any police station serving Swieqi and surrounding areas.

Foundation for Social Welfare Services - Agenzija Appogg Domestic Violence Service. Provides social work support, safety planning, risk assessment, and referrals to shelters, including emergency shelter Ghabex.

Shelter services. Ghabex emergency shelter provides immediate safety. Dar Merhba Bik provides longer term shelter and support for women and children. Other shelters and community services may be available depending on your needs and family composition.

Commission on Gender Based Violence and Domestic Violence. National body that coordinates policy, training, and public awareness, and supports a coordinated response across agencies.

Victim Support Malta. Independent support for victims, including emotional support, practical information, and assistance navigating the justice system.

Legal Aid Malta Agency. Public legal aid for eligible persons in criminal and civil matters, including protection orders, family proceedings, and compensation claims related to domestic violence.

Court Services - Family Court. Family proceedings for separation, care and custody, access, and maintenance are heard by the Civil Court Family Section in Malta.

Next Steps

Prioritise safety. If you are in danger, call 112. If you need to talk and plan next steps, call Supportline 179. Seek medical attention and ask for your injuries and disclosures to be documented.

Report and document. Make a report at the nearest police station. Keep copies of messages, photos of injuries and damage, and a timeline of incidents. Tell the police about any weapons, children present, and prior incidents.

Seek legal protection. Speak to a lawyer about applying for a protection order in criminal proceedings and, if urgent, a civil prohibitory injunction. Ask about safe housing, supervised access, and safe handover arrangements for children.

Engage support services. Contact social workers through Agenzija Appogg for safety planning, shelter, and practical help with childcare, finances, and relocation where necessary.

Consider longer term steps. Discuss separation or divorce, child arrangements, and maintenance with a lawyer. Ask about legal aid eligibility. Explore counselling and community resources that can help you rebuild safely.

This guide is for general information. Every case is different. For personalised advice, speak with a qualified lawyer familiar with domestic violence cases in Malta.