Domestic violence in Malta: getting a protection order
Maltese law treats domestic violence broadly. Under article 2 of the Gender-Based Violence and Domestic Violence Act (Cap. 581) it covers physical, sexual, psychological, verbal and economic violence, threats, coercion and arbitrary deprivation of liberty within a family or an intimate relationship, whether or not the perpetrator lives or has lived with the victim, and it includes children who witness violence. Current and former spouses, civil union partners, cohabitants, parents of a common child, relatives and people in a sentimental relationship are all covered.
The main legal tool is the protection order under article 412C of the Criminal Code (Cap. 9). It can prohibit the abuser from approaching you, from going to your home, workplace or other places you frequent, even if he or she owns or rents the home, and from contacting or molesting you. It lasts up to five years and breaking it is a criminal offence. Where the risk is serious, the Police must ask a magistrate for a temporary protection order within twelve hours of your report (article 540A).
This guide is for anyone in Malta who is being abused by a partner, former partner or relative. It explains how to report, the risk assessment, temporary and full protection orders, orders in family cases, shelter and support, and what happens if the order is breached.
Key facts
Deadline
After a report, if the risk assessment shows a serious risk of harm, the Police must apply for a temporary protection order within twelve hours and the magistrate must decide within eight hours (article 540A(2)–(3) of Cap. 9); the temporary order lasts up to thirty days or until the first court sitting (article 540A(6)). A request for a protection order during criminal proceedings is heard within seven days (article 412C(2)); the order can last up to five years (article 412C(9)). In a separation case, an application involving domestic violence is heard within four days (article 37(2) of Cap. 16).
What to do
Get safe first. If you are in immediate danger, call the emergency number 112 and leave the place if you can. Take your children, identity documents, phone, medication and bank cards. A doctor or the hospital emergency department should record any injury; ask for the medical certificate, because it is key evidence later.
The designated agency under Cap. 581 must provide a public help-line for emergency access to specialised support, an assessment of your needs and risks with a care plan, and sheltered accommodation, alone or with partner organisations (article 19(3) of Cap. 581). You can contact the domestic violence services of the Foundation for Social Welfare Services even before deciding whether to report to the Police.
Report to the Police. You can file a report at any police station. Describe every incident you remember, with dates, threats, messages and witnesses, and say if children were present. Reports by victims of gender-based violence lead to an individual assessment of your needs under the Victims of Crime Act (Cap. 539, article 12), and you may ask to be interviewed by a person of the same sex.
On receiving the report, a professional trained by the designated agency must immediately carry out an assessment of the risk to you and any other person (article 540A(1) of the Criminal Code), unless such an assessment was done in the previous twenty-four hours. The Police must also open an investigation and hear the alleged offender.
Know when a temporary protection order is issued. If, after the investigation and the risk assessment, it appears that a person is at serious risk of harm, the Police must apply to a magistrate for a temporary protection order no later than twelve hours after receiving your report (article 540A(2)). The magistrate may ask the officer, the professional or you to confirm the information on oath, and must decide within eight hours of the application (article 540A(3)). In urgent cases the request and the order can be sent electronically (article 540A(4)).
The temporary order can contain the same prohibitions as a full protection order. It lasts up to thirty days or until the first sitting against the alleged offender, whichever is earlier, and the Police must start criminal proceedings within thirty days (article 540A(6)).
Ask for a full protection order in the criminal case. Once the alleged abuser is charged before the Court of Magistrates, the court may issue a protection order of its own motion or at the request of any party, on reasonable grounds, for your safety or to protect you from harassment or conduct causing fear of violence (article 412C(1)). A request is heard within seven days to decide whether there is sufficient prima facie evidence (article 412C(2)).
The court considers your protection, the welfare of children and dependants, everyone's accommodation needs, hardship to the accused and his or her willingness to undergo treatment (article 412C(3)). Where a risk assessment shows that you are at very high risk, the court must issue the order (article 412C(4)). It can also make a treatment order (article 412D).
Understand what the order can say. A protection order may prohibit or restrict the abuser from approaching or following you, from going to the premises where you or other named persons live, work or frequent, even if he or she has a legal interest in those premises, and from contacting or molesting you (article 412C(8)). The court outlines prohibited areas and conduct (article 412C(5)) and can order weapons to be deposited with the registrar (article 412C(12)).
The order is sent immediately to the Commissioner of Police, who must monitor its conditions, including electronically if appropriate (article 412C(6)). It lasts for the period set by the court, up to five years, and can be extended, varied or revoked on application after all parties are heard (article 412C(9)–(10)).
Use the family court as well. If you are married, cohabiting or share children with the abuser, the Civil Court (Family Section) can protect you in separation, divorce, custody and access cases. Where domestic violence is involved, an application for interim maintenance or for the matrimonial home is heard within four days, and the court may issue a protection order under article 412C of its own motion (article 37(2) of Cap. 16).
In a separation or custody case where evidence of domestic violence is produced, the court may issue a protection or treatment order (article 39), limit or deny access to the children (article 47), and declare the violent parent unfit for custody (article 56A). If you attach evidence of domestic violence to the mediation letter, the court decides whether mediation is in your interest (regulation 4(3) of S.L. 12.20).
Report every breach immediately. If the abuser contravenes the order without reasonable excuse, that is a separate criminal offence, punishable by a fine (multa) of €7,000 or imprisonment of up to two years, or both (article 412C(11) of the Criminal Code). Call the Police at once and keep a record: screenshots of calls and messages, photos, witnesses' names.
The underlying conduct is also criminal. Harassment, stalking and causing fear of violence are offences under articles 251A, 251AA and 251B, with higher punishments when committed against a spouse or partner. Under article 251H the punishment for these offences is increased by one to two degrees where the victim is a current or former spouse or partner or a family member, where the offence was repeated, or where it was committed in the presence of a minor.
Plan for the longer term. A protection order is not the end of the process. Ask the support services for help with housing, income and counselling, and consider a separation, divorce or dissolution of cohabitation to settle the home, maintenance and the children. Keep copies of every order and carry the protection order with you.
If you move to another EU State, ask your advocate before leaving about a European protection order under Directive 2011/99/EU, so that the protection follows you; Malta executes orders issued in other Member States under the European Protection Order (Execution) Regulations (S.L. 9.21). Victims of crime also have rights to information, support and protection during the criminal proceedings under the Victims of Crime Act (Cap. 539).
What to watch out for
- Waiting to report until the violence escalates. Earlier reports trigger the risk assessment and the twelve-hour procedure for a temporary order (article 540A).
- Not keeping evidence. Medical certificates, photos, messages and a diary of incidents make the prima facie case the court needs under article 412C(2).
- Agreeing informally to let the abuser back home while an order is in force. Only the court can vary or revoke the order (article 412C(10)).
- Assuming the order protects only you. Ask for children and other relatives to be named in it.
- Attending mediation with an abusive partner without telling the court. Attach evidence of violence to the letter so the court can decide whether mediation is appropriate (regulation 4(3) of S.L. 12.20).
- Letting a temporary order lapse. It expires after thirty days or at the first sitting; make sure the Police or your advocate ask the court for a full order.
- Ignoring economic and psychological abuse. They are domestic violence under article 2 of Cap. 581 and should be included in the report.
Legal basis
Frequently asked questions
How do I get a protection order in Malta?
Report the abuse to the Police. A trained professional assesses the risk, and if there is a serious risk of harm the Police must ask a magistrate for a temporary protection order within twelve hours (article 540A of Cap. 9). Once the abuser is charged, the Court of Magistrates can issue a full protection order under article 412C.
How long does a protection order last in Malta?
A protection order lasts for the period fixed by the court, up to five years, and can be extended, varied or revoked on application (article 412C(9)–(10) of the Criminal Code). A temporary protection order lasts up to thirty days or until the first court sitting against the alleged offender, whichever is earlier (article 540A(6)).
Can a protection order remove my partner from our home?
Yes. Article 412C(8)(b) of the Criminal Code allows the court to prohibit or restrict the accused's access to premises where you live, work or frequent, even if he or she has a legal interest in those premises, such as ownership or a lease. The family court can also decide who resides in the matrimonial home.
What counts as domestic violence in Malta?
Under article 2 of Cap. 581, any act or omission of verbal, physical, sexual, psychological or economic violence causing harm or suffering, including threats, coercion and arbitrary deprivation of liberty, within a family or intimate relationship, whether or not you live together. Children who witness violence are also covered.
What happens if the abuser breaks the protection order?
Breaching a protection order without reasonable excuse is a criminal offence punishable by a fine of €7,000 or imprisonment of up to two years, or both (article 412C(11) of the Criminal Code). Report every breach to the Police straight away and keep evidence such as messages and witness details.
Does domestic violence cover ex-partners and people who do not live together?
Yes. The definition in article 2 of Cap. 581 applies whether or not the perpetrator resides or has resided with the victim, and the family or domestic unit includes former spouses, former cohabitants, persons with a child in common and persons who are or have been in a sentimental or intimate relationship.
Can I get a protection order in my separation or custody case?
Yes. Where evidence of domestic violence is produced in a separation case or a custody and access case, even between unmarried parents, the Family Section may issue a protection order under article 412C of the Criminal Code, on application or of its own motion (article 39 of Cap. 16). Urgent applications involving violence are heard within four days (article 37(2)).
Can the court stop the abuser seeing our children?
Yes. Where there is evidence of domestic violence, the court may limit or deny access if it would put the children or the other parent at risk (article 47 of Cap. 16), may forbid access entirely where it harms the children's welfare (article 57(3)), and may declare the violent parent unfit for custody (article 56A).
Where can I stay if I leave home because of violence?
The designated agency under the Gender-Based Violence and Domestic Violence Act must provide sheltered accommodation for victims, alone or with partner organisations (article 19(3)(d) of Cap. 581), and article 540A(3) of the Criminal Code requires it to offer shelter as needed right after the risk assessment. Ask the Police or support services when you report.
Is my Maltese protection order valid in another EU country?
Protection can follow you through a European protection order under Directive 2011/99/EU. Raise it with your advocate or the court that issued your order before you move, so that the request is made in time. Malta itself recognises and executes such orders issued in other Member States under S.L. 9.21.
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