This guide explains how to reach safety, file a complaint, preserve evidence and initiate the appropriate criminal and family proceedings.
Salma Tazi
Legal Editor — Family Law
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Domestic violence in Morocco may give rise to criminal remedies, immediate protection measures and proceedings before the Family Justice Division. The central legislation is Law No. 103-13 on combating violence against women, promulgated by Dahir No. 1-18-19 of 22 February 2018. Having entered into force in September 2018, it supplemented the Criminal Code and the Code of Criminal Procedure while establishing institutional support units.
Article 1 of Law 103-13 defines violence against women as any physical or psychological act, or omission, based on sex discrimination and causing physical, psychological, sexual or economic harm. This definition helps determine how to frame the complaint, but it does not automatically make every form of conduct a criminal offence. The Public Prosecutor’s Office must link the facts to a specific article of the Criminal Code, such as those concerning assault, threats, sexual harassment or family abandonment.
The law increased certain penalties when the perpetrator is the victim’s spouse, former spouse, fiancé or a person exercising authority over the victim. It also introduced support mechanisms within the courts, judicial police, Royal Gendarmerie, healthcare services and social welfare authorities. In practical terms, a victim may ask to be referred to the specialized unit, and the filing of her complaint may not be made conditional on an attempt at family reconciliation.
Beware of a common misunderstanding: Moroccan law does not establish an autonomous civil protection order that is automatically issued within 72 hours and remains valid for one month. It primarily allows the Public Prosecutor’s Office, investigating judge or court hearing the case to order protection measures during criminal proceedings. The speed of the process therefore depends on the urgency, the available evidence and the operation of the court concerned. In the event of immediate danger, these measures should be expressly requested at the initial interview.
Intentional assault is governed primarily by Articles 400 to 404 of the Criminal Code. The legal classification and penalty depend in particular on the established period of total incapacity for work, premeditation, the use of a weapon and any lasting effects. Article 404 provides for an increased penalty where the violence is committed within certain family relationships, particularly between spouses or former spouses. The complaint should therefore not merely state “marital conflict”: describe each act, its date and its medical consequences.
Threats are punishable under Articles 425 et seq. of the Criminal Code, depending on their form and the circumstances surrounding them. Insults, defamation, invasion of privacy and the distribution of intimate images may also be classified as separate offences. Articles 447-1 to 447-3 penalize, in particular, certain forms of recording, distribution or use of private images and statements without consent. However, there is no general offence called “psychological harassment between spouses” that automatically covers every instance of repeated humiliation.
Article 486 defines rape as an act whereby a man has sexual intercourse with a woman against her will. The text does not expressly exclude acts committed within marriage, but neither does it specifically refer to “marital rape.” In practice, the legal classification remains difficult and depends on the circumstances, medical findings, evidence of coercion, messages and statements obtained. The facts should be reported precisely, without allowing a third party to dismiss them as a mere intimate dispute.
Economic violence as defined by Law 103-13 does not always constitute a separate offence in itself. Refusal to pay court-ordered maintenance, voluntary abandonment of family obligations or eviction from the home may fall under Articles 479 to 482 of the Criminal Code, depending on the facts and prior formalities. Failure to return a child entrusted to another person by court order falls, in particular, under Article 477. The same situation may therefore result in several parallel prosecutions.
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In the event of immediate danger, leave the premises if this can be done safely and contact the police in an urban area or the Royal Gendarmerie in a rural area. A complaint may be received at a police station, gendarmerie brigade or directly by the King’s Public Prosecutor at the Court of First Instance with jurisdiction over the place where the acts occurred. The powers of the King’s Public Prosecutor arise in particular from Article 40 of the Code of Criminal Procedure. Filing an initial complaint is free of charge.
During the interview, recount the events in chronological order and ask that they be recorded without being downplayed. Mention previous violence, current threats, the presence of weapons, the children’s exposure and the existence of witnesses. Read the official report before signing it, or ask for it to be read to you if you cannot read the language used. Have any inaccurate wording corrected, particularly “mutual dispute” if you were subjected to a one-sided assault.
Request an examination order so that you can be examined at a hospital or forensic medical service. There is no general statutory period of 72 hours for obtaining the certificate, but an examination performed on the same day or within the first few days is more likely to preserve evidence. The certificate must describe the injuries, their location, the examinations performed and any incapacity. A judicial examination order normally avoids the need to pay the cost of the public examination in advance; without such an order, fees vary depending on the institution.
Submit a copy of relevant messages, photos and documents while keeping the originals on a secure medium. In criminal matters, Article 286 of the Code of Criminal Procedure establishes, in principle, freedom of evidence, subject to its lawfulness and the judge’s assessment. An isolated screenshot may be challenged. When the matter is serious, a bailiff’s official report, an extraction that preserves the phone’s data or submission of the complete conversation strengthens authenticity.
The official report is sent to the Public Prosecutor’s Office, which may order a supplementary investigation, initiate prosecution, close the complaint without further action or request a judicial investigation. To track the case, keep the official report number, date and service details, as well as the Public Prosecutor’s Office case number when provided. The victim may join the proceedings as a civil party to claim compensation for her harm. A direct summons or a complaint accompanied by an application to join the proceedings as a civil party requires prior analysis of the applicable conditions and the risk of being required to lodge security.
Law 103-13 introduced measures into the Code of Criminal Procedure to provide immediate protection for a woman who is a victim during the investigation or prosecution. Depending on the situation, the Public Prosecutor’s Office or judge may arrange a medical referral, social support, the return of a child to the person who has custody, or a formal warning to the perpetrator. These measures are not automatic. The current danger must be explained, and an appropriate decision should be requested without waiting for the final judgment.
When prosecution has been initiated, Article 88-1 of the Code of Criminal Procedure allows, in particular, the person being prosecuted to be prohibited from contacting or approaching the victim, or communicating with her by any means whatsoever. Depending on the stage of the case, the measure may be ordered by the Public Prosecutor’s Office, the investigating judge or the trial court. It may be accompanied by psychological treatment for the perpetrator. Its duration depends on the decision issued and the progress of the proceedings.
Contrary to some published claims, no general article of Law 103-13 requires a judge to issue within 72 hours a protection order valid for one month and renewable. Therefore, filing an application with the court registry alone does not guarantee a prohibition on approaching the victim. In practice, the request must be linked to a criminal complaint and promptly brought to the attention of the King’s Public Prosecutor. A lawyer may submit a reasoned request identifying the home, workplace and children’s school to be protected.
If the prohibition is breached, immediately notify the police or gendarmerie and present a copy of the decision. Do not respond to provocation, and preserve calls, messages, surveillance footage and witness statements. A documented breach may justify new prosecution or a reassessment of coercive measures. If no measure has yet been ordered, each new incident should be reported in a supplementary complaint that refers to the first official report.
Prepare a chronological file, even if some documents are still missing. A copy of the national identity card or passport facilitates identification, but a life-threatening emergency must not be refused because of missing documents. Add the medical certificate, prescriptions, dated photographs, complete message exchanges, witness contact details and previous family court decisions. Keep a copy outside the home, with a trusted person or in a digital space whose password is unknown to the spouse.
Filing a complaint and its initial processing by the public prosecutor’s office are not subject to any filing fee. An examination carried out upon official referral at a public hospital should normally not be charged to the victim. However, a private consultation, a bailiff’s report, an expert assessment or a translation may entail costs. In 2026, the amounts vary considerably depending on the city and the professional; request a written estimate rather than relying on a fee quoted orally.
Lawyers’ fees are freely agreed upon, and there is no mandatory national fee schedule enforceable against clients. As a matter of market practice, standard representation in criminal or family proceedings may be offered for between 3,000 and 15,000 dirhams, or more if several hearings, expert assessments or appeals are required. This range is not an official rate. The fee agreement must specify the proceedings covered, travel expenses, appeals and the amounts remaining due in the event of early settlement.
No reliable timeframe can be guaranteed for a criminal judgment. A straightforward case may be listed within a few months, while an expert assessment, judicial investigation or difficulties serving summonses may extend the case beyond one year. The limitation period for public prosecution provided for by Article 5 of the Code of Criminal Procedure is, in principle, fifteen years for a felony, four years for a misdemeanor and one year for a petty offense, subject to acts interrupting or suspending the limitation period. You should never wait until this deadline to take action.
Criminal proceedings and divorce proceedings may be initiated simultaneously. It is not necessary to wait for a criminal conviction before applying to the Family Justice Section of the Court of First Instance. Article 99 of the Family Code allows an application for judicial divorce on grounds of harm when the husband’s conduct makes continuation of married life impossible. Article 100 allows harm to be proved by any means, including witness statements, certificates, official reports and criminal court decisions.
When evidence of harm is insufficient, or when the priority is to obtain dissolution of the marriage, the discord procedure provided for by Articles 94 to 97 of the Family Code may be more appropriate. It does not require proof of a criminal offense. After conciliation attempts, the court assesses each party’s responsibility and rules on financial rights. Article 97 provides that the case must be decided within a maximum period of six months, although this period is exceeded in practice.
As soon as proceedings are initiated, request the necessary interim measures. Article 121 of the Family Code authorizes the court, when cohabitation becomes impossible during the dispute, to take interim measures concerning the wife and children, including accommodating them with a relative, with immediate enforcement through the public prosecutor’s office. Maintenance claims must state specific amounts and be supported by information concerning income, housing, schooling, health and daily expenses.
For custody, the judge applies the rules under Articles 163 et seq. of the Family Code, seeking to protect the child’s best interests, a principle reiterated in Article 186. Violence directed against the other parent does not automatically result in all contact being terminated, but it may affect custody and visitation arrangements, especially if the child witnessed the incidents. If necessary, request a social inquiry, a secure location for handing over the child or an adjustment to visitation rights.
If returning home presents a danger, ask the police station, Royal Gendarmerie, public prosecutor’s office or court support unit for referral to a shelter. The arrangements vary considerably depending on the province and available places. National Mutual Aid, social welfare institutions and several associations manage support or accommodation facilities. In an emergency, the absence of all identity documents must not prevent the person from being placed in safety, although administrative regularization will generally be required afterward.
Helpline numbers sometimes change operator or scope. The “Kolona Maak” platform, associated with the short number 8350, was developed to support and guide women, but its availability should be verified with the ministry responsible for solidarity or the National Union of Moroccan Women. In the event of immediate danger, first contact the emergency and security services with territorial jurisdiction. A helpline is no substitute for filing a complaint or obtaining a medical report.
Organizations such as the National Union of Moroccan Women, the Democratic League for Women’s Rights, the Moroccan Association for Combating Violence against Women and Jossour Forum of Moroccan Women offer, depending on the city, psychological support, social guidance or legal advice sessions. Check opening hours and the address before visiting. Under the conditions set out in Article 7 of the Code of Criminal Procedure, certain associations recognized as being of public benefit may exercise the rights of a civil party with the victim’s written consent.
A foreign woman may file a complaint in Morocco when the acts were committed there, regardless of her spouse’s nationality. She may also apply to the family courts if the jurisdictional rules permit. However, Law No. 02-03 on the entry and residence of foreign nationals does not provide general and automatic protection of residence status for every victim of domestic violence. The competent prefecture, a lawyer and the consulate of the country of origin should therefore be contacted promptly, without handing the passport over to the spouse.
The first mistake is waiting for the physical signs to disappear. Even if the victim is still unsure whether to pursue the matter, a prompt medical examination, dated photographs and saved messages preserve her future options. Files should not be altered, screenshots should not be systematically cropped, and accusations should not be made public on social media. Online publication may create a secondary legal dispute and give the spouse time to delete evidence or exert pressure.
Withdrawing a complaint does not always terminate the prosecution. Public prosecution is conducted by the public prosecutor’s office and may continue when the offense is prosecuted independently of the victim’s wishes. A private reconciliation therefore does not automatically close the criminal case. Before signing a withdrawal, reconciliation undertaking or financial waiver, have its effect on damages, divorce, maintenance, housing and protective measures reviewed.
Leaving the home to escape danger is not in itself a criminal offense, but the circumstances must be explained in the family case. Report the departure to the public prosecutor’s office or record it in the complaint, take essential documents and request interim measures under Article 121 of the Family Code. Do not attempt to retrieve personal belongings alone if the spouse is threatening. Supervised intervention or an official report may prevent a further assault.
The lawyer coordinates the criminal and family aspects, verifies the legal classification of the acts, requests protective measures and prepares the application to join the proceedings as a civil party. The lawyer may also track the public prosecutor’s office case number, request copies of accessible decisions and quantify material, non-pecuniary and medical harm. If resources are insufficient, an application for legal aid may be filed with the court’s competent legal aid office, together with proof of income and expenses. Admission depends on an assessment of the application, with no single monthly threshold guaranteed by law.
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