A victim of domestic violence—that is, physical, psychological, sexual, or economic abuse committed by a person to whom they are (or were) married, in a civil partnership (PACS), or in an intimate relationship—who believes that such violence endangers their own life or the lives of their children may apply to the Family Court Judge for the issuance of a Protection Order (see Articles 515-9 et seq. of the French Civil Code).

This is an emergency procedure designed to protect victims of domestic violence where they or their children are at risk.

Where appropriate, the Protection Order is issued within a maximum of six days from the date on which the hearing is scheduled.

Conditions for Obtaining a Protection Order

For a Protection Order to be issued, there must be serious grounds for considering it likely that the alleged acts of violence occurred and that those acts of violence place the applicant or their children at risk.

To support the application, it is advisable to provide as much evidence as possible, including witness statements, photographs, videos, and messages exchanged with the alleged perpetrator, among other evidence. In particular, it is often beneficial (although not mandatory) to submit the following to the Family Court Judge:

1. The acknowledgment of receipt of the criminal complaint filed against the spouse or partner for domestic violence (or, where applicable, the decision issued in relation to that complaint);
2. A medical certificate documenting the violence;
3. A letter from an organization supporting victims of domestic violence.

Procedure for Obtaining a Protection Order

To obtain a Protection Order, the victim of domestic violence must apply to the territorially competent Family Court Judge. The application must be made in writing by filing a petition setting out the grounds for the request together with the supporting evidence.

Upon receipt of the petition and after examining whether the application is admissible, the Family Court Judge schedules a hearing.

The hearing date must be formally served on the respondent within two days. Service may be carried out:

• By a bailiff instructed by the court registry, if the applicant is not represented by a lawyer;
• By the applicant's lawyer, where applicable;
• By the Public Prosecutor, where the application for a Protection Order was initiated by the prosecutor;
• By administrative service, if ordered by the Family Court Judge (that is, through law enforcement authorities or the prison administration).

The respondent is then given time to prepare their defence (two or three days, depending on the date of service).

As a general rule, the hearing takes place five days after the hearing date has been scheduled. Both the applicant and the respondent may be represented by a lawyer and are given the opportunity to present their arguments. The parties may be heard separately at the applicant's request or whenever the judge considers this necessary.

The Family Court Judge issues the Protection Order setting out the protective measures six days after the hearing date has been scheduled.

For the order to be enforceable, it must be formally served on the respondent by a bailiff.

Measures That May Be Ordered Under a Protection Order

If the Family Court Judge considers that there are reasonable grounds to believe the alleged acts of violence occurred and that they place the applicant and/or their children at risk, a Protection Order may be issued. It may, in particular:

• Prohibit the respondent from meeting or contacting certain individuals (including the applicant), by any means whatsoever;
• Prohibit the respondent from entering places regularly frequented by the applicant;
• Prohibit the respondent from possessing or carrying firearms or other weapons;
• Determine the parties' separate residence arrangements. Unless there are exceptional circumstances expressly stated in the order, the right to occupy the family home is granted to the spouse or partner who is not responsible for the violence, even if that person has been provided with emergency accommodation. The abusive spouse or partner may also be ordered to bear the related costs;
• Determine the arrangements for the exercise of parental authority and for visitation and accommodation rights;
• Authorize the applicant to keep their home address or place of residence confidential;
• Require the respondent to undergo medical, social, or psychological support, or to attend an awareness programme aimed at preventing domestic and gender-based violence. If the respondent refuses, the Family Court Judge immediately informs the Public Prosecutor.

When the Family Court Judge issues a Protection Order, the Public Prosecutor is informed without delay. Any violence likely to place one or more children at risk is also reported.

Enforcement of the Protection Order

The measures ordered remain in force for a maximum period of six months from the date the order is served. They may be extended if, during that period, divorce or legal separation proceedings are initiated, or if the Family Court Judge is seized of proceedings relating to parental authority.

At any time, at the request of the Public Prosecutor or either party, or after carrying out any investigative measures deemed necessary and allowing each party to present their observations, the Family Court Judge may:

• Revoke or amend all or part of the measures contained in the Protection Order;
• Order additional protective measures;
• Grant the respondent a temporary exemption from complying with certain measures.

Le non-respect d’une ordonnance de protection constitue un délit sanctionné par 2 ans d’emprisonnement et une amende de 15 000€ (article 227-4-2 du Code pénal).

Your Criminal Defense with Maître Lois Pamela LESOT

Would you like to obtain a Protection Order?
Consult a lawyer: Maître Lois Pamela LESOT – +33 6 52 02 54 42 – [lesot@loispamelalesot.com](mailto:lesot@loispamelalesot.com)

The firm regularly assists and represents both victims and individuals accused in cases involving rape or domestic violence.

If you wish to file a criminal complaint regarding these offences, you may consult this article.
If you have been accused of these offences, you can prepare for police custody by reading this article, and for a voluntary police interview by consulting this article.

Article date: February 3, 2023 | By: Lois Pamela LESOT