Domestic violence law in Tunisia: Law 58 and protection orders

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Topic: Family law

Domestic violence law in Tunisia: what Law 58 covers, where to report abuse, medical evidence, the 1899 helpline and protection orders. Practical steps.

Short answer: if you are in danger right now, call the police on 197, the national guard on 193 or the ambulance service (SAMU) on 190; for advice or to report violence, call the free 1899 line, open 24/7. Tunisia's Organic Law No. 2017-58 aims to eliminate all forms of violence against women and creates or toughens the related offences. It lets a victim report to specialised units and ask the family judge for a protection order that keeps the abuser away from her and her children. What counts as violence under Law 58? The law goes well beyond physical assault. It covers: physical violence: any attack on the body, from pushing to beating and wounding; moral (psychological) violence: insults, threats, humiliation, neglect or abandonment, and depriving a woman of her rights and freedoms; sexual violence: any act or words meant to force a woman into sexual acts through coercion, deception or pressure, whatever her relationship with the abuser; sexual harassment is also an offence; economic violence: depriving a woman of her resources, stopping her from working or controlling her wages; political violence: preventing a woman, on grounds of sex discrimination, from political, party or associative activity, or from exercising any fundamental right or freedom. The law applies whoever the abuser is: husband, ex-husband, relative, colleague or stranger. It also punishes harassment in public spaces. A man who suffers violence from his partner can file a complaint under the Penal Code, whose provisions on violence between spouses apply to both sexes; the protection order under Law 58 is for women and the children living with them. How to report domestic abuse in Tunisia You can file a complaint: with the specialised units for violence against women within the police and the national guard; directly with the public prosecutor at the court of first instance; at any police or national guard station, which will pass the case to the specialised unit where needed. Ask for proof that your complaint was filed and keep a copy. If someone pressures you to withdraw it, remember that since Law 58, withdrawing a complaint about violence by a husband no longer stops the prosecution: the public prosecutor decides. An officer of the specialised unit who pressures a victim to withdraw commits an offence. What happens after you file a complaint? The specialised unit takes your statement, hears witnesses and the person accused, and gathers evidence under the supervision of the public prosecutor. You cannot be confronted with the accused unless you agree. The prosecutor then decides what happens next: sending the abuser to trial, opening a judicial investigation for the most serious offences, or closing the file if the evidence is insufficient. You can also join the case as a civil party to claim compensation for the harm you suffered. Throughout the process: attend every interview or hearing you are called to, or have a lawyer represent you; tell the investigator about any new threat or contact from the abuser after the complaint; keep emergency numbers, the numbers of people you trust, and your own and your children's ID documents somewhere you can grab them quickly. Many victims find the process slow and tiring. That is normal, and it is one more reason to have a lawyer or a support service at your side from the start. Protection order in Tunisia: who grants it and what it does A protection order is a temporary measure granted by the family judge under the urgent (référé) procedure. The victim or her representative can apply, as can the public prosecutor with her consent, or the child protection delegate where children are involved. An order lasts up to six months and can be renewed once. Even before it is granted, the specialised unit can, with the prosecutor's authorisation, remove the abuser from the home or forbid him to approach the victim. It is separate from the criminal complaint and from any divorce. It can, among other things: forbid the abuser from contacting the victim or the children; remove him from the family home; forbid him from coming near the victim's home or workplace or the children's school; order him to pay temporary maintenance; take away his custody or guardianship and set visiting arrangements; forbid him from damaging or disposing of the victim's, the children's or the couple's shared property. Breaching a protection order is an offence in itself. Report any breach to the police or national guard straight away. Medical certificates and other evidence Evidence is what makes a complaint stand up. Try to: get an initial medical certificate as soon as possible, from a hospital or a doctor, describing the injuries precisely; photograph injuries and damage, keeping the dates; save messages, recordings and call logs containing threats or insults, with a copy stored off your phone; write down the names of witnesses: neighbours, family, colleagues; keep copies of any earlier complaints. Store all of this somewhere safe that the abuser cannot reach, or leave it with someone you trust. Where can you get free help? The 1899 helpline: free and open 24/7, for listening, information and referral to the right services. Legal aid: Law 58 gives women victims a right to legal aid, which can cover lawyer's fees and court costs; apply at the court. Support and shelter centres: these exist in several governorates, with limited places. Associations and legal clinics: several associations used to support victims for free, but some have had to suspend their work since late 2025. Check that an organisation is still active before you go. Violence and divorce for harm Domestic violence is the clearest example of harm in a marriage. A wife can ask for a divorce for harm together with compensation for material and moral damage, and her case is stronger with a complaint, medical certificates or a criminal conviction on file. While the divorce is under way, a protection order keeps her and the children safe. It is best to coordinate the complaint, the protection order and the divorce with one lawyer. Frequently asked questions Does withdrawing my complaint end the case? Not for violence by a husband: since Law 58, withdrawal no longer ends the prosecution, and the public prosecutor can carry on. For other offences, ask a lawyer about your situation. Does Law 58 protect unmarried women? Yes. The law does not require a marriage: it covers violence by a fiancé, a relative, a colleague or a stranger. Is sexual harassment a crime in Tunisia? Yes, including at work and in public spaces. Keep the evidence and file a complaint. Can I get a protection order without divorcing? Yes. The order stands on its own, whether or not you decide to divorce. When should you see a lawyer? You can file a complaint yourself, but a lawyer helps you word it, obtain a protection order quickly and link it with divorce, maintenance and custody. See one especially if: you have children and fear for their safety or custody; you are thinking of leaving the family home; you are being pressured to withdraw your complaint; the violence is economic and involves property or wages. The site's directory lists lawyers registered with the ONAT, the Tunisian bar, by city. If money is tight, ask for legal aid. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026