DOMESTIC VIOLENCE
Effects of protective measures
The measures of protection have as a main effect safeguard immediately to the victim, preventing to continue to be compromised by their abuser, and preventing the situation from getting worse. In addition, to ensure support and institutional support, while advance relevant research.
The Corte Constitucional found that the protection measures ordered in favor of a woman threatened with death by her former partner were not implemented with the effectiveness that the seriousness of the risk required. It made clear that, faced with threats of gender-based violence, a protection measure must always be implemented once the threat is confirmed, and that it falls to the authorities to verify whether those measures were effectively implemented in light of the risk identified, including the risk of femicide, and not merely ordered on paper. Once a measure has been granted, the victim may demand that the authorities answer for its effective compliance. T-027/2025 — real effectiveness of protection measures.
You do not abide by the security measures, the offender may face various penalties, which are:
A fine of between 2 (two) and 10 (ten) monthly statutory minimum wages in force is imposed, and it must be paid within the 5 (five) days following its imposition. This fine is convertible into detention at a rate of three (3) days for each minimum wage.
The penalty will be detention of between 30 and 45 days.
The Corte Constitucional set aside the agreement that a Comisaría de Familia (the local family authority with power to order protection measures) had approved at a conciliation hearing convened after the aggressor had breached a protection measure in force by making new threats. The Court concluded that the Comisaría incurred a substantive defect, making clear that conciliation is available in matters open to settlement or withdrawal, but not in respect of acts amounting to the offence of violencia intrafamiliar (domestic violence) such as breach of a medida de protección (protection order). Faced with a breach of the order, the authority has no power to route it through conciliation: it must impose the penalties and safeguards the law provides. T-130/2024 — conciliation excluded where a protection measure is breached.
It is important to mention that, once these situations become known, the Fiscalía General de la Nación will be informed so that it investigates the possible offenses the aggressor may have committed, in order to determine criminal liability.
Bear in mind that the protection measure and the criminal proceeding are different things: the acts of violence may also constitute the offense of domestic violence under article 229 of the Código Penal (4 to 8 years' imprisonment; as amended by Ley 1850 de 2017 and by Ley 1959 de 2019). If the victim decides to go directly down the criminal route, it is worth reviewing how file a criminal complaint correctly, since the way the facts are documented influences the quality of the investigation.
The Court upheld the conviction for domestic violence against a man who assaulted his former partner despite their having been separated in fact for months. The defense argued that, as there was no cohabitation, the conduct should be classified merely as lesiones personales (personal injury). The Court found it proven that the aggressor never left the family environment from which he had been expelled, since he continued to exercise dominance, harassment and control over the victim, and even breached a protection measure in force. Physical separation was not enough to detach him from the family unit protected by article 229 of the Código Penal in the circumstances proven in that case. CSJ SP468-2020 — domestic violence without cohabitation.
How are protection measures requested and who may request them?
The request for protection orders for domestic violence may be filed by the victim themselves, by any other person acting on their behalf, or by the Family Ombudsman when the victim is not in a condition to do so.
The request may be made in writing, orally or by any other suitable means of bringing the facts to the authority's attention. So that the procedure moves forward without delay, it should include:
- The name and identification of the person filing it, where possible.
- The victim's name.
- The aggressor's name and address.
- A clear account of the acts of violence.
- The request for any evidence deemed necessary.
A key point on timing: the request must be filed no later than within the thirty (30) days following the occurrence of the act of violence.
Useful documents when filing the request
- Identity document of the person filing the request
- Identity document of the victim (where a third party files it)
- A written account of the facts with specific dates and places
- Photographs, screenshots or other records of the facts
- Name and known address of the aggressor
- Details of witnesses, if there are any
- Medical or emergency-room certificates, if there are injuries
To whom it may apply the measures of protection?
The authority with jurisdiction over these matters is the Family stations of the place where the events occurred. Where there is no Family Commissary, jurisdiction lies with the Municipal Civil Judge or Municipal Promiscuous Judge. It is not, therefore, a matter of freely choosing among several authorities: the Family Commissary is the primary route and the judge acts on a subsidiary basis.
Before the Family Commissary or the police inspectorate the procedure is simple, preventive and does not strictly require a lawyer, although you may attend with professional support. These authorities may adopt provisional and definitive measures swiftly.
The Court found that a Comisaría de Familia took more than two years to decide a request for a protection measure and that, when it ruled, it set a visitation arrangement that forced the victim to confront her aggressor. The Court established that the officials handling these matters must deploy all the investigative activity necessary, analyze the facts with a gender perspective, not base their decisions on gender stereotypes and avoid revictimization. It warned that delay in taking decisions may result in irreparable harm to the rights to personal integrity, family, liberty and life in dignified conditions. T-267/2023 — promptness and gender in protection measures.
Some decisions, however, have a broader scope and only the judicial authority may authorize them, such as the prohibition of carrying out acts over the assets of the marital or de facto property regime. For that reason, the measures adopted in court may have a more permanent character, whereas the procedure before the Family Commissary, although more expeditious, tends to be shorter in duration.
Once the petition is received, the commissary or the judge, where the petition is grounded on at least slight indicia of violence, may order provisional measures within the four (4) following business hours, as well as impose sanctions on the aggressor in the event of non-compliance.
Where the acts of violence come from the spouse and the victim wishes to end the marriage bond, protection measures may be combined with the decision to start divorce proceedings, whether by mutual agreement or through the unilateral route introduced by Law 2442 of 2024.
In conclusion, protection measures for domestic violence are a key legal mechanism for prevention, safety and support for victims. Knowing how they work, filing a proper request and having the relevant advice allows the process to be carried out quickly and effectively, so that it offers guarantees of non-repetition and protects the rights and the peace of mind of the family. If you need support, our team of family law attorneys in Bogotá can advise you on the most appropriate route and on the timeframes of the procedure.
Legal sources on domestic violence
- Law 294 of 1996 — develops article 42 of the Constitution and sets out rules to prevent, remedy and punish domestic violence. Who may request the order and the 30-day deadline: article 9 (amended by article 5 of Law 575 of 2000); sanction for non-compliance (a fine of 2 to 10 monthly minimum legal wages convertible into arrest at the rate of three days per minimum wage): article 7 (amended by article 4 of Law 575 of 2000); provisional measures within the 4 business hours where there are slight indicia: article 11 (amended by article 6 of Law 575 of 2000). SUIN-Juriscol.
- Law 575 2000 — reforms Law 294 of 1996. Article 4 (sanction for non-compliance), article 5 (standing to request and the 30-day deadline) and article 6 (provisional measures within 4 business hours where there are slight indicia). SUIN-Juriscol.
- Law 1257 of 2008, article 16 — the current amendment to article 4 of Law 294 of 1996: jurisdiction to hear protection orders lies with the Family Commissary of the place of the events and, failing that, with the Municipal Civil Judge or Municipal Promiscuous Judge; in indigenous communities the respective indigenous authority has jurisdiction. Función Pública.
- Law 2126, 2021 — regulates the creation, composition and operation of the Comisarías de Familia. Función Pública.
- Código Penal (Ley 599 de 2000), article 229 — the offense of domestic violence; punishable by imprisonment of four (4) to eight (8) years. Amended by Law 1850 of 2017 and, in its current version, by article 1 of Law 1959 of 2019. SUIN-Juriscol.
- Law 2442 of 2024 — divorce by the sole will of either spouse (unilateral divorce). Función Pública.
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