PROTECTION FOR WOMEN VICTIMS OF VIOLENCE IN BOLIVIA

Judicial protection for women facing violence is a fundamental pillar of the criminal justice and human rights system in the Plurinational State of Bolivia. Procedural regulations establish urgent and mandatory measures that can be ordered ex officio by the judge, aiming to safeguard the victim’s life, security, and physical, emotional, and financial integrity—even without a formal complaint.

URGENT MEASURES IN CASES OF DOMESTIC VIOLENCE

One of the most common actions a judge can take is the immediate removal of the aggressor from the shared home, regardless of who owns the property. This measure prevents further exposure to violence and ensures a safe environment for the woman and her children. Additionally, the aggressor may be required to undergo psychological or rehabilitation treatment as part of the judicial process.

Practical example:
In a case of physical assault at home, the judge may order the aggressor’s removal the same day, prohibit them from approaching the victim’s home or workplace, and mandate participation in a psychological reeducation program.

ECONOMIC PROTECTION IN CASES OF FAMILY VIOLENCE

Protective measures may also include economic and property-related provisions. The judge can prohibit the aggressor from selling, mortgaging, or disposing of shared assets to prevent harm to the family’s finances. Additionally, provisional family support may be ordered in favor of the woman and her children to ensure their subsistence during the criminal proceedings.

Another protective action includes conducting an inventory of shared property and temporarily withholding ownership documents to prevent concealment or destruction. When necessary, the court can freeze the aggressor’s bank accounts or place precautionary notices on assets to guarantee financial obligations arising from the violence.

Practical example:
A woman reporting her ex-partner for psychological abuse may request a ban on selling a shared vehicle or property and obtain provisional financial support while the case is resolved.

RESTRAINING ORDERS AGAINST AGGRESSORS

The judge may impose a restraining order preventing the aggressor from approaching or contacting the victim at home, work, school, or places frequented by her relatives. The aggressor may also be prohibited from intimidating or threatening witnesses, ensuring that the investigation proceeds without interference.

Practical example:
A woman facing workplace harassment may receive judicial protection requiring the aggressor to refrain from any form of contact, without affecting her employment rights or job stability.

CUSTODY AND VISITATION IN DOMESTIC VIOLENCE CASES

If the parties share children, the judge may suspend the aggressor’s visitation or custody rights. This decision is made when contact with the father could pose an emotional or physical risk to the children. The court also prohibits the aggressor from interfering in the children’s upbringing or education.

Furthermore, the judge can order the immediate return of personal belongings and documents belonging to the woman or her dependents, allowing her to resume daily life without obstruction.

REHABILITATION PROGRAMS FOR AGGRESSORS

Protective measures are designed not only to protect victims but also to prevent repeat offenses. Judges may require aggressors to attend psychological, educational, or therapeutic programs aimed at modifying violent behavior and fostering accountability.

These actions are rooted in a restorative approach, focused on breaking the cycle of violence while prioritizing the victim’s safety and encouraging the aggressor’s reeducation.

In summary, special protection measures for women victims of violence are immediate legal tools aimed at guaranteeing their life, dignity, and emotional stability. Compliance is mandatory and may involve law enforcement assistance, reinforcing the State’s commitment to eradicating all forms of gender-based violence.

Our law firm provides specialized legal advice in criminal and gender-based violence cases. If you are facing a similar situation, contact us for professional and confidential legal guidance.

Frequently Asked Questions (FAQs)

Who can request a protective measure for a woman in a situation of violence?

The victim, the Public Prosecutor’s Office, or any person aware of the facts may request protection from the judicial authority.

Is a formal complaint required?

No. The judge may issue protective measures ex officio as soon as they become aware of the violent act.

What happens if the aggressor violates the imposed measures?

Violation of protective measures may lead to criminal sanctions and the aggressor’s preventive detention for disobeying a court order.

Do these measures affect the woman’s labor rights?

No. In cases of workplace harassment or violence, contact restrictions apply only to the aggressor without affecting the victim’s rights or job security.

Can protective measures remain in place after the trial?

Yes. Some measures may remain in effect as long as there is a continued risk to the victim’s safety, even after the criminal process has concluded.

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.