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15 MAI 2012. - Temporary Residence Prohibition Act in the event of domestic violence (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Prohibition of residence
Art. 2. For the purposes of this Act, "distant person" means the person to whom a residence ban has been imposed.
Art. 3. § 1^er. If it appears from facts or circumstances that the presence of a major person in the residence constitutes a serious and immediate threat to the security of one or more persons occupying the same residence, the King's Prosecutor may order a residence ban on that person.
§ 2. The prohibition of residence entails, for the remote person, the obligation to immediately leave the common residence and the prohibition to enter, stop or be present there and the prohibition to contact the persons referred to in § 4, 3°, who occupy that residence with it.
§ 3. The residence ban applies for up to 10 days from notification to the person concerned.
§ 4. The King's Attorney's Order is documented in writing and includes:
1° a description of the place and the duration of application of the measure;
2° the facts and circumstances that gave rise to the prohibition of residence referred to in § 1^er;
3° the names of the persons with whom the distant person can no longer contact;
4° sanctions that may be imposed in case of non-compliance with the prohibition.
§ 5. The King's prosecutor immediately communicates the contents of the order to the remote person and to those who occupy the same residence. A copy of its decision is notified by the most appropriate means of communication to the head of the local police force in the police area in the jurisdiction of which the residence concerned by the residence ban is located.
The King's attorney contacted the reception service of the victims of his prosecutor's office so that he could assist and inform the persons who occupy the same residence as the remote person.
If the situation that gave rise to the prohibition of residence is at this urgent point, the decision of the King's Prosecutor may be communicated verbally to the remote person. In this case, a copy of the order is communicated to the remote person as soon as possible.
§ 6. At the latest within twenty-four hours of the notice of the order, the remote person informs the King's prosecutor at which place it is reachable during the period of the prohibition, and in what way.
§ 7. The Crown Prosecutor may at any time lift the residence ban if he considers that the threat referred to in § 1^er is excluded or, if the circumstances warrant, amend the terms of this measure. In this regard, it acts in accordance with §§ 4 and 5.
Art. 4. § 1^er. On or before the first day of the opening of the office following the date of the residence ban order, the King's Attorney shall communicate it to the Township Peace Judge in which the residence concerned is located.
The King's Prosecutor also communicates to the justice of the peace and to the parties the records that have given rise to the prohibition of residence and, where appropriate, its decision to lift the prohibition or to amend the terms of the prohibition, as well as the records that establish offences against the prohibition.
§ 2. Within 24 hours of the communication of the order, the justice of the peace shall determine the date and time of the hearing in which the cause may be investigated. The hearing shall take place within the period referred to in Article 3, § 3.
By judicial fold, the Clerk shall notify the parties mentioned in the order of the King's Prosecutor, the place, date and time of the hearing and, where appropriate, invite them to apply for urgent and interim measures or interim measures relating to the common residence.
He also communicates the day and time of the hearing to the King's Prosecutor who ordered the residence ban.
Art. 5. § 1^er. If the parties or the King's Attorney make a request in writing or orally at the hearing, the Peace Judge shall initiate the case and hear the parties present.
The cause is instructed in the boardroom. However, the justice of the peace may, in any case, in accordance with the circumstances, order the publicity of the proceedings either on its own motion or at the request of the public prosecutor or a party to the cause.
§ 2. During this hearing, the justice of the peace decides, upon request, on compliance with the conditions referred to in articles 3 and 4.
He may lift the residence ban or extend it, by reason of judgment, by a maximum of three months from the judgment, if and as far as the facts or circumstances referred to in Article 3, § 1^er, justify it on the date of judgment.
The decision is enforceable by provision.
§ 3. By judicial fold, the Clerk shall notify the parties and inform them of the remedies available to them. He also communicates the judgment to the King's Prosecutor.
§ 4. The justice of the peace may at any time, at the request of one of the parties or the Crown Prosecutor and by reason of judgment, amend the terms of the residence ban or lift the residence ban if the circumstances of the case require it.
§ 5. The cause remains inscribed in the role of justice of the peace until the prohibition of residence ends. In case of new elements, it may be brought back to the justice of the peace by conclusions or by written request, filed or addressed to the registry. Article 730, § 2, (a), of the Judicial Code is not applicable to these causes.
§ 6. During the period of the residence ban, the parties may apply for urgent and interim measures by conclusions or by written request, filed or addressed to the Registry.
§ 7. The residence ban is terminated if the justice of the peace has not ruled within the period referred to in Article 3, § 3. The prohibition of residence ends in full right if the common residence has been the subject of a judicial decision.
CHAPTER 3. - Entry into force
Art. 6. This Act comes into force on the first day of the third month following that of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2012.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) 2010-2011 session.
Senate
Documents. - Proposal for the Law of Mrs. de Bethune and Franssen, 5-539 - No. 1.
Session 2011-2012.
Senate
Documents. - Amendments, 5-539 - No. 2 and 3. - Report, 5-539 - No. 4. - Text adopted by the commission, 5-539 - No. 5. - Text adopted in plenary and transmitted to the House of Representatives, 5-539 - No. 6.
Annales of the Senate. - 12 January 2012.
House of Representatives
Documents. - Project transmitted by the Senate, 53-1994 - No. 1. - Opinion of the State Council, 53-1994 - No. 2. - Amendments, 53-1994 - No. 3 and 4. - Report, 53-1994 - No. 5. - Text adopted by the commission, 53-1994 - No. 6 and 7. - Text amended by the House of Representatives and referred to the Senate, 53-1994 - No. 8.
Full report. - 3 May 2012.
Senate
Documents. - Project amended by the House of Representatives, 5-539 - No. 7. - Report, 5-539 - No. 8. - Text corrected by commission, 5-539 - No. 9. - Text adopted in plenary and subject to Royal Assent, 5-539 - No. 10.
Annales of the Senate. - 10 May 2012.