PROTECTIVE MEASURES FOR MINORS IN CASES OF VIOLENCE IN BOLIVIA

The protection of children and adolescents from any form of violence is a legal and social priority in the Plurinational State of Bolivia. The legal system provides immediate procedural mechanisms to ensure their physical, emotional, and digital safety. When a judicial authority becomes aware of an offense involving a minor, urgent protective measures can be ordered—even without the victim or their representative formally joining the case as a plaintiff.

PROTECTIVE MEASURES WITHIN THE FAMILY ENVIRONMENT

When a minor suffers physical, psychological, or sexual violence at home, the judge may order the immediate removal of the aggressor from the residence, regardless of property ownership. This measure aims to end cohabitation with the perpetrator and restore a safe and stable environment for the child.

In addition, the court may impose a restraining order, prohibiting the aggressor from making any contact—whether in person, by phone, or through digital means. If the aggressor is a parent or guardian, the judge can also suspend visitation or custody rights temporarily, pending a resolution from the competent jurisdiction.

Practical example:
A child mistreated by their father may receive court protection that orders the father’s removal from the home, prohibits all contact, and suspends visitation. This helps safeguard the child’s emotional recovery and overall well-being.

PARENTING AND CUSTODY GUARANTEES AFTER VIOLENCE

The judicial system has the authority to prevent the aggressor from interfering in the custody, upbringing, or education of the child. If necessary, the judge may grant provisional custody to close relatives, typically from the maternal side, with oversight from the Office for the Protection of Children and Adolescents.

Practical example:
After a domestic violence incident, a teenage girl may be temporarily placed under the care of her maternal grandparents, ensuring her safety and emotional stability during ongoing legal proceedings.

FINANCIAL SUPPORT FOR MINORS AFTER VIOLENCE

If the accused is a parent, the judge can establish provisional child support to cover the child’s basic needs, such as food, healthcare, and education. The court may also order the immediate return of personal belongings and essential documents to ensure the victim maintains access to necessary daily items.

In situations where the child has been forced out of their home due to violence, the court may mandate their return under safe and supervised conditions.

Practical example:
In custody disputes, if one parent prevents the child from accessing their home or belongings, the court can order the child’s return with law enforcement assistance to restore their usual living environment.

PROTECTION AGAINST DIGITAL VIOLENCE TOWARDS MINORS

Digital violence is an increasingly prevalent threat to children and adolescents. The court may issue an order banning the dissemination of images, videos, or personal data of the victim on social media, forums, or other digital platforms. The accused may also be required to delete all related content and maintain virtual distance, preventing any form of online harassment or contact.

Practical example:
A teenager subjected to online bullying may be protected through a judicial order that prohibits the aggressors from posting offensive messages, sharing altered images, or contacting the victim online. Platforms may also be required to remove harmful content or block offending profiles.

BEHAVIORAL TREATMENT PROGRAMS FOR OFFENDERS

Protective measures not only aim to prevent further violence but also to avoid recurrence. Courts may order the accused to participate in psychological or educational programs that address violent behavior. In severe cases, the entire family may be enrolled in the Victims and Witnesses Protection Program under the Public Prosecutor’s Office, ensuring psychological, social, and legal support.

In summary, protective measures for children and adolescents are designed to immediately restore their safety, dignity, and emotional environment. These court-mandated actions are legally binding and are intended to prevent further physical or emotional harm, enabling a healthy, violence-free development.

If you or someone you know is dealing with violence against minors, our law firm offers specialized legal assistance. Contact us for confidential and timely guidance.

Frequently Asked Questions (FAQs)

Who can request a protective measure for a minor?

A protective measure can be requested by the child (if they have the necessary age and maturity), their parents, legal guardians, or the Office for the Protection of Children and Adolescents.

Is a criminal complaint necessary to obtain protection?

Not always. The judge may issue protective measures as soon as they become aware of the situation, even without a formal complaint.

What happens if the aggressor violates a protective order?

Violation of a protective order can lead to the aggressor’s arrest and additional penalties for contempt of court.

Do these measures apply to school bullying or cyberbullying cases?

Yes. Protective measures cover physical, psychological, and digital violence, whether it occurs inside or outside the home.

How long do protective measures last?

They are provisional and remain in place until the judge specializing in juvenile or criminal matters decides to modify or lift them.

The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.