Since 1996 in Costa Rica there has been a Law Against Domestic Violence (Law #7586), which has many aspects that are important to understand in detail. When writing this article we had the collaboration of Melissa Salazar, an attorney specializing in Family Law. According to Mrs Salazar, there are various types of violence: physical, psychological, sexual and also over the assets of a person, committed by another person with a relationship of affinity or consanguinity. Based on the law, the victim can submit a request for immediate protection measures any day and at any time.

In a variety of situations and examples, it can be said that protection measures can be requested by parents against children over eighteen, by children of any age against parents, by brothers against other brothers, by grandparents against grandchildren, by uncles against nephews and vice versa. There may even be special situations such as a teacher requesting measures against the parents of a student, or those in charge of caring for senior citizens in nursing homes and similar against any relatives that might be exercising some type of violence against them.

The basic procedure for a complaint is as follows: a. The complaint is filed in a Family Court, where it is analyzed immediately, b. If appropriate, provisional measures of immediate execution are issued and the defendant is ordered to be served, who has a period of five days to object and offer any proofs or evidence, c. If the defendant objects, a hearing is set three or four weeks later, depending on the location of the Court, d. After the hearing, a decree is issued, which can be appealed to the Family Court of Appeals, e. Then follow-up hearings are held every 3 or 6 months.

In the case that the defendant does not answer or oppose, the original measures acquire firmness or can even be modified by more serious ones. The term of these measures is for one year, and that term may be renewed or eliminated, depending on the circumstances. If at the time of filing the initial complaint it is detected that a crime may exist, the case can also be sent to a Prosecutor upon request from the victim. It is usually difficult for the parties to reach a Conciliation in the process, as the Judges want to prevent the victim from reaching agreements under threats.

Among the initial measures that a Family Judge could issue are the following: a. Not approaching the domicile, workplace or places of recreation of the victim, at less than five hundred meters, b. Not to send text messages, emails or make calls to the victim, nor harass in social networks, c. Not to carry weapons of any kind, d. Leave the victim’s home immediately, if they live together, e. Suspend temporarily the rights to see minor children, f. Set an alimony to the accused, among others. Certainly, there is a type of defenselessness for the accused when the initial measures are issued.

In the case of senior citizens, -those who are over 65 years of age- there are special provisions, based on which such persons can obtain protection even against non-family members. A real example was that of a 68-year-old American citizen who lives in a property with eight apartments, where he lives in one of the apartments and rented the remaining seven. One day a tenant told him that if he were to collect the rent again, he would assault him. This senior citizen filed a domestic violence complaint, resulting in the Judge ordering the immediate expulsion of the tenant through the police.

Certainly, the spirit of the law is to grant immediate protection to potential victims of violence in their different ways described above. However, it is also a reality that this regulation lends itself to abuse by some alleged victims that really are not. That is why it is important to know the regulations and, if necessary, require the help of a professional who understands the process and can guide safely.

MELISSA SALAZAR specializes in Family Law and can be reached at [email protected]

About the Author: Allan Garro was incorporated as a lawyer and public notary in 1996. He specializes in Litigation, Corporate, and Real Estate Law. He has also acted as an external legal consultant to Congress. He has been the author of more than 100 published English Language articles and can be reached at [email protected]