Cyprus - Intimate Partner Violence
In Cyprus, intimate partner violence is recognised only within the context of "violence in the family", which means any act, omission or behaviour which causes physical, sexual or mental injury to any member of the family by another member of the family and includes violence used for the purpose of having sexual intercourse without the consent of the victim as well as of restricting its freedom.
Legal provisions on protection orders
Violence in the Family (Prevention and Protection of Victims) Law, Article 22:
- The Court may, upon application by a member of the family or by the police or by the prosecutor or by the Attorney-General of the Republic or by a Family Counsellor or by another person acting on behalf of any of the above, issue an interim order restraining the suspect or for the removal of the minor victim until a criminal case against the accused for the criminal offence of violence is filed and tried. Interim order restraining the suspect or removing the victim.
- The Court shall issue an order, at any time, upon an application accompanied by an affidavit sworn by the victim or, in the case of a minor victim, by any other person who is in a position to have direct knowledge of the facts or by any other evidence, causing a prima facie risk for use or repetition of violence, including statements of the victim or other persons in any form, certificates, confirmations and other evidence under this or any other Law.
Article 23: The Court may issue against a person charged for the commission of any offence of violence, under this Law, an order valid for such period and upon such conditions as it may impose, prohibiting such person to enter or remain in the marital home. Such an order shall be called “a restraining order”
The Violence in the Family (Prevention and Protection of Victims) Law 119(I) of 2000 and 212(I) of 2004
Member of the family can mean a husband and wife who have been legally married whether the marriage still exists or not, or cohabiting partners; the parents of the cohabiting spouses; the children and/or grandchildren of cohabiting partners and their parents or any person residing with the aforementioned persons. Violence between homosexual couples is not recognised.
The law also clarifies that rape can be committed within marriage.