{"id":1123,"date":"2023-02-03T12:31:39","date_gmt":"2023-02-03T11:31:39","guid":{"rendered":"https:\/\/www.loispamelalesot.com\/2023\/02\/03\/la-denonciation-calomnieuse-copy\/"},"modified":"2024-06-11T18:17:28","modified_gmt":"2024-06-11T16:17:28","slug":"ordonnance-de-protection","status":"publish","type":"post","link":"https:\/\/www.loispamelalesot.com\/en\/2023\/02\/03\/ordonnance-de-protection\/","title":{"rendered":"L’ordonnance de protection"},"content":{"rendered":"
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Protection Order<\/h1>\n<\/div><\/div>\n\n\n\n


<\/p>\n\n\n\n

A victim of domestic violence\u2014that 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\u2014who 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<\/a>).<\/p>\n\n\n\n

This is an emergency procedure designed to protect victims of domestic violence where they or their children are at risk.<\/p>\n\n\n\n

Where appropriate, the Protection Order is issued within a maximum of six days from the date on which the hearing is scheduled.<\/p>\n\n\n\n

Conditions for Obtaining a Protection Order<\/u><\/strong><\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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:<\/p>\n\n\n\n

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

    Procedure for Obtaining a Protection Order<\/u><\/strong><\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    Upon receipt of the petition and after examining whether the application is admissible, the Family Court Judge schedules a hearing.<\/p>\n\n\n\n

    The hearing date must be formally served on the respondent within two days. Service may be carried out:<\/p>\n\n\n\n