Spousal Abuse in Costa Rica

Costa Rica is a beautiful country where many United States citizens not only choose to vacation in, but eventually even marry and have a family there, either with another U.S. citizen or with a Costa Rican native. The laws of the land, though, must be fully read and understood with regards to issues such as spousal abuse, or the accusation of such an act or crime. This will help U.S. citizens understand the ramifications and consequences of such an accusation, and what to potentially expect, which is very different than what occurs within the confines of the United States.

Costa Rica is a country which is built on what seems like quite a firm and reasonable set of laws. This assumption certainly applies to the field of family law, which encompasses issues such as divorce, annulment, child support, and, in our particular case, spousal abuse. The law is very clear in this specific matter, and is designed to help shield and protect women, who are very frequently the target of abuse and violence at the hands of men. There are close to eighteen different protective injunctions, designed to keep the two parties completely separated, with the harshest one being a term of six months. This is the one most Costa Rican judges elect to apply in their spousal abuse cases. This is a noble and admirable goal of the Costa Rican justice system, however, the law’s interpretation with regards to other sections has been tilted to quite heavily favor the women in any such dispute, leaving men who may actually be innocent of any charge in quite a difficult and potentially precarious situation.

First of all, even if the accusations are completely fabricated, if the protective injunction is issued, the husband must leave the house (or be forcibly taken by the police) for six months, and a court hearing regarding the matter is possibly delayed by several months more, resulting in no resolution of the issue at hand. Second, while the spousal abuse law very specifically states that the State (Costa Rica) will offer assistance to both the alleged victim and aggressor, this portion of the code is rarely, if ever, offered to the parties embroiled in the dispute. Third, child support can be requested at the domestic violence hearing, and once notified, the man involved has three days to pay the provisional amount which is established by the court, or face the penalty of going to prison if he cannot. In this same hearing, witnesses may be called to the stand. The alleged victim only needs two witnesses to tell the judge that spousal abuse was indeed occurring; even if the witnesses do not seem credible based on their testimony, the philosophy of “in dubio, pro victima” is that favored by the Costa Rican judges. An appeal of such a case may occur, but unfortunately for the defendant, it can potentially take many years before it is brought before another court.

While Costa Rica is a peaceful, beautiful place to vacation in and possibly live and retire in, please make yourself very aware of the local laws, as they differ significantly from those in the United States, especially with regards to family matters. Complications and difficulties faced in cases such as these may cause extreme problems and hardships, and it is very possible that there can be little legal recourse or an equitable solution in these matters based on the current laws and, more importantly, their interpretation.