Display Map
Hide Map

Family Protection Law No. 6 of Jordan (2008)

Published on page 821 of the Jordanian Official Gazette issue number 4892 on March 16, 2008

Article 1

This law shall be called Family Protection Law for the year 2008 and shall enter into effect as of the date of its publication in the Official Gazette.

Article 2

The following terms shall have the following meanings unless the context indicates otherwise:

The Ministry

The Ministry of Social Development

The Minister

The Minister of Social Development

Court

The competent court

Family members

Persons mentioned under article 3 of this law and who live at the family household

Household

The house where family members live together

The injured

The person who is subjected to domestic violence according to the provisions of this law

A safe place

Any place that is safe for the injured person and that is approved by the minister

Officers in charge

The ministry staff assigned by the minister, in addition to the officers and personnel of the family protection department

Family Protection Department

The department established within the Public Security Directorate and who is in charge of protecting family

Police Station

Police stations wherever they are located

Family Reconciliation Committees

A committee for family reconciliation

Article 3

For purposes of this law family members mean,

  1. A wife and husband under a legitimate marriage contract, their children, and grand children;
  2. Step children, spouse’s children from another legitimate marriage;
  3. A spouse’s parent;
  4. Siblings of any of the spouses;
  5. A child, under the age of 18 in the custody of a foster family.

Article 4

  1. Notwithstanding the provisions of the Penal Code or any other relevant legislation, the provisions of this law apply to domestic violence cases;
  2. All procedures and information related to domestic violence heard by any relevant body including courts are dealt with the utmost confidentiality;
  3. The court may take into consideration the reports related to domestic violence that are submitted to it by formal competent bodies.

Article 5

Crimes against natural persons are considered domestic violence, except for crimes falling under the jurisdiction of the Criminal Court.

Article 6,

  1. 1- Committees under the title of Family Reconciliation Committees are formed upon the Minister’s decision and in coordination with the Family Protection Department, the Minister’s decision shall determine the number of committee members and it shall nominate one of them as a chair.
  2. Family Reconciliation Committees exert efforts to arrive at reconciliation between family members; it may use the expertise of any relevant entity and from the local community in order to bring about reconciliation.
  3. The Minister may delegate the power assigned to them under this article item 1 clause a) to the Ministry Secretary General, or any of the directorates heads at the Ministry, or at centers, provinces or governorates, providing that such delegation is specific and in writing.

Article 7

Preference shall be given to referrals to Family Reconciliation Committees prior to taking any of the protective measure stipulated in this law, providing that the best interests of the family is taken into consideration.

Article 8

  1. Providers of health care, social and education services from both public and private sector shall inform competent authorities once they learn about the incidence of domestic violence or see traces or marks they feel associated with domestic violence.
  2. Officers in charge shall take appropriate procedures to safeguard the safety of the injured person of the family members once they learn about the incidence of domestic violence.

Article 9

Law enforcement agencies including PSD officers shall go to the place where domestic violence allegedly happened in the following cases,

  1. Upon receiving a report that there currently is a situation of domestic violence or that it is about to happen;
  2. Upon receiving a report that an effective restraining order issued under the provisions of this law has been violated.

Article 10

Officers in charge shall be under the liability of guaranteeing the protection of the reporter and not disclosing their name or identity unless judicial procedures require otherwise.

Article 11

The director of the Family Protection Department or the head of the Family Protection Section may take any of the measures below as a precautionary measure to ensure the safety of the injured and any family member:

  1. Taking a promissory note from the respondent pledging not to assault the injured or any of the family members.
  2. In cases where the injured or any of the family members is at risk, the following measure may be taken:

1-    Not allowing the respondent to enter the family household for no more than 48 hours if there were no other measures to safeguard the safety of the injured and other family members;

2-    Placing the respondent at the custody of the Family Protection Department or any of its sections for a period of no more than 24 hours with a view to ensuring the safety of the injured or any family member if the measure under item 1 was not possible.

Article 12

  1. The director of the Family Protection Department, or the heads of family protection divisions at governorates may, before referring the case to court, refer the injured and the respondent to family reconciliation committees at the preliminary stage if both parties accept.
  2. If two parties do not arrive at an agreement according to the provisions of clause a) under this article, the case is referred to court; if both parties eventually reach an agreement, the prosecution of the respondent is terminated.

Article 13

  1. If the court deems the protection of the injured and family members necessary, it shall compel the respondent  to do any of the following:

1-    Not to assault the injured or any of the family members or incite that;

2-    Not to come to vicinity of the new abode, be it a safe place, a shelter or any other place mentioned under the restraining order;

3-    Not to damage the personal belongings of the injured or any of the family members;

4-    Enabling the injured or whoever he/she assigns to access the family household with the presence of an assigned officer to collect the belongings of the injured and hand it to them upon a report of receipt.

  1. Claim parties shall not dispose of the funds allocated for the living of the family.

Article 14

  1. A renewable restraining order for no more than one month shall be issued by court under the provisions of this article;
  2. In any of the cases below, the restraining order may be renewed, providing that the period of protection does not exceed  six months:

1-    If the order is violated by the respondent;

2-    If the court is convinced that it is necessary to protect the injured person or any of the family members.

  1. The court shall issue decisions following the restraining order to guarantee the enforcement of the latter and to safeguard the safety of family members.

Article 15

The court may detain the respondent for no more than a week in any of the following cases:

  1. If the court is convinced that the precautionary protection measure, or the restraining order are not sufficient to protect the injured or any of the family members needing protection;
  2. If the respondent does not respect, intentionally, the restraining order or the precautionary protective order.

Article 16

  1. If the restraining order or any of its terms was intentionally violated by the respondent, the court applies the following penalties:

1-    A fine of no more than one hundred JDs, an imprisonment for no more than a month, or both;

2-    A fine of no more than two hundred JDs, an imprisonment for no more than three months, or both if the violation was associated with violence used against any of those protected under the order.

  1. If the restraining order is repeatedly violated for more than two times, the respondent shall be punished by an imprisonment of no less than 3 days and no more than six months and with a fine of no more than 200 JDs.

Article 17

The court hears the compensation claim upon the request of the injured or any party representing them, providing that the following are taken into consideration:

  1. The financial situation of the disputing parties and the extent to which paying the compensation might harm the family;
  2. The expenses incurred due to implementing precautionary and protective measures.

Article 18

In case the disputing parties reach an agreement, the court may take the measures below as an alternative to the restraining order or in addition thereto:

  1. referring both the injured and the respondent to the domestic reconciliation committees;
  2. Referring one or both of the claim parties and the family members to domestic counseling sessions or psychological and social rehabilitation.

Article 19

The Council of Ministers shall issue the regulations needed for the enforcement of the provisions of this law.

Article 20

The Minister shall issue the instructions needed for the enforcement of the provisions of this law.

Article 21

The Prime-Minister and the Ministers are vested with the duty for enforcing the provisions of this law.

 

Tags: , , , ,