Posted the: 2012-10-01 Numac: 2012009239 FEDERAL JUSTICE PUBLIC SERVICE May 15, 2012. -Law on the temporary prohibition of residence in the event of domestic violence (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -The prohibition of residence s. 2. for the purposes of this Act, means "remote person" the person to which a residence ban was imposed.
S. 3 § 1. It is clear from facts or circumstances that the presence of an adult at the residence represents a serious and immediate threat to the security of one or of several persons who occupy the same residence, the Prosecutor may order a prohibition of residence for this person.
§ 2. For the remote person, the prohibition of residence entail the obligation to immediately leave the common residence and to penetrate, to stop or to this prohibition and the prohibition to enter in contact with the persons mentioned in § 4, 3 °, who occupy this residence with her.
§ 3. The prohibition of residence applies for ten days from its notification to the person concerned.
Order of the Procurator of the King is reduced to writing and contains among others: 1 ° a description of the place and the period of application of the measure.
2 ° the facts and circumstances that gave rise to the prohibition of residence, referred to the § 1;
3 ° the names of persons with whom the returnee can no longer come into contact;
4 ° the penalties which may be imposed in case of violation of the prohibition.
5. The Prosecutor shall immediately communicate the contents of the order to the returnee and those who occupy the same residence. A copy of its decision is notified by the means of communication that is most appropriate for the head of the local police of the police zone within the jurisdiction of which is situated the residence concerned by the prohibition of residence.
King's Attorney takes contact with the victims of his parquet home service so that it assists and informs the persons who occupy the same residence as the returnee.
If the situation that gave rise to the prohibition of residence is this urgency, the decision of the Prosecutor of the King can be communicated verbally to the returnee. In this case, a copy of the order is communicated as soon as possible to the returnee.
§ 6. No later than within 24 hours of notification of the order, the returnee informed the procureur du Roi where it is reachable for the duration of the ban, and in what way.
§ 7. The Prosecutor may at any time remove the prohibition of residence considers that the threat referred to the § 1 is dismissed or if the circumstances warrant, amend the terms of this measure. In this respect, it is in accordance with §§ 4 and 5.
S. 4 § 1. No later than the first day of opening of the registry from the date of the order of prohibition of residence, King's attorney shall forward it to the Justice of the canton in which the relevant residence is located.
The Prosecutor of the King communicates also justice of the peace and parties minutes which gave rise to the prohibition of residence and, where appropriate, its decision to lift the ban or to modify the terms and conditions, as well as the minutes noting violations of the ban.
2. Within 24 hours of the communication of the order, the Justice of the peace sets the date and time of the hearing during which the issue can be dealt with. The hearing takes place within the period referred to in article 3, § 3.
By judicial fold, the clerk notifies the parties mentioned in order of the Procurator of the King, the place, date and time of the hearing and, where appropriate, invite them to initiate an urgent, temporary measures or provisional measures relating to the common residence.
It communicates the day and time of the hearing to the Attorney of the King who ordered the prohibition of residence.
S. 5 § 1. If the parties or the Prosecutor at their request in writing or orally at the hearing, the learned justice cause and means the parties present.
The cause is tried in the Council Chambers. However, Justice of the peace may, in any case, depending on the circumstances, order the publicity either ex officio or at the request of the public prosecutor or of a party to the cause.
§ 2. During this hearing, Justice of the peace shall decide, upon request, on compliance with the conditions referred to in articles 3 and 4.
It can lift the prohibition of residence or extend it, by reasoned judgment, of three months maximum judgment, if and insofar as the facts or circumstances referred to in article 3, § 1, warrant the date of the judgment.
The decision is provisionally enforceable.
§ 3. By judicial fold, the Clerk shall notify the parties of the judgment and informs them of the remedies available to them. It also communicates the judgment to the Prosecutor of the King.
§ 4. Justice of the peace may at any time, at the request of a parts of the Prosecutor of the King and reasoned judgment, amend the terms of the measure of prohibition of residence or lift the prohibition of residence if the circumstances of the case so require.
§ 5. The cause remains the role of the justice of the peace until the prohibition of residence expires. In the case of new elements, it may be reduced before the justice conclusions or request written, filed or addressed to the registry. Section 730, § 2, a), of the Judicial Code is not applicable to these causes.
§ 6. For the duration of the prohibition of residence, the parties may make a request of urgent, temporary measures by finding or by written request, filed or addressed to the registry.
§ 7. The prohibition of residence expires if the Justice of the peace has not acted within the period referred to in article 3, § 3.
The prohibition of residence terminates of 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 the first day of the third month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, May 15, 2012.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2010-2011.
-Proposal of Mrs de Bethune and Franssen, 5-539-No. 1.
-Amendments, 5-539 - # 2 and 3. -Report, 5-539 - No. 4. -Text adopted by the commission, 5-539-No. 5. -Text adopted in plenary meeting and transmitted to the House of representatives, 5-539 - No. 6.
Annals of the Senate. -12 January 2012.
House of representatives Documents. -Draft transmitted by the Senate, 53-1994 - no. 1. -Notice of the State Council, 53-1994 - no. 2. -Amendments 53-1994 - no. 3 and 4. -53-1994 - no. 5 report. -Text adopted by the commission, 53-1994 - Nos. 6 and 7. -Text amended by the House of representatives and sent to the Senate, 53-1994 - no. 8.
Compte rendu intégral.
-3 may 2012.
Senate Documents. -Draft amended by the House of representatives, 5-539-No. 7. -Report, 5-539 - No. 8. -Text corrected by the commission, 5-539-No. 9. -Text adopted at the plenary and subject to Royal assent, 5-539-No. 10.
Annals of the Senate. -10 may 2012.