Domestic Violence: Emergency Protection Orders in France

In the face of domestic violence—whether physical, psychological, verbal, or economic—French law offers rapid response mechanisms to keep victims safe. The ordonnance de protection (protection order), issued on an emergency basis by the juge aux affaires familiales (JAF, the family law judge), is one of the most powerful legal shields in French civil law. This mechanism allows victims to obtain drastic security measures without waiting for the outcome of a long criminal trial or a divorce judgment. Whether you are a French national or a foreign citizen residing in France, this comprehensive guide explains step-by-step how to trigger this emergency procedure to protect yourself and your children.

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What is a Protection Order?

The ordonnance de protection is an emergency civil court decision. It is primarily governed by Articles 515-9 to 515-13 of the Code civil (French Civil Code).

The legal framework is clear: the protection order can be issued by the family law judge if two cumulative conditions are met:

1. The plausibility of the alleged acts of violence (physical, sexual, psychological, economic).

2. The current danger to which the victim or their children are exposed.

It is fundamental to note that obtaining a protection order does not depend on filing a prior criminal complaint (plainte), even though filing a complaint constitutes first-rate evidence. Furthermore, this mechanism protects all victims, regardless of marital status: whether you are married, in a civil partnership (pacsés), cohabiting (concubins / common-law relationship), or even if you are separated but the violence continues.

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Concrete Measures the Judge Can Order

The ordonnance de protection is a tailor-made tool. The family law judge can order one or more of the following measures, generally for a maximum duration of 6 months (which can be extended if a petition for divorce or for the determination of parental authority is filed during this period):

Physical Protection and Eviction of the Abusive Partner

• No-contact order: The judge prohibits the abusive partner from contacting the victim by any means (calls, text messages, social media, or through third parties).
• Stay-away order: The abusive partner is prohibited from appearing near the victim's home, workplace, or the children's school.
• Attribution of the family home: Except in highly exceptional circumstances, the exclusive use of the family home is awarded to the victim, even if the property belongs solely to the abusive partner or if the lease is in both names. The judge specifies who must pay the rent or mortgage payments.

Measures Concerning Children and Financial Support

• Parental authority and child custody: The judge rules on the children's residence and the terms of visitation and housing rights for the abusive parent (which can be suspended or ordered to take place only in a supervised visitation center, an espace de rencontre).
• Financial contribution: The judge can order the abusive partner to pay child support (pension alimentaire), as well as a contribution to the expenses of the marriage or emergency financial aid.
• Address confidentiality: The victim can be authorized to conceal their actual address and register their legal address (élire domicile) at their lawyer's office or with an approved support association.

Protection for Foreign Nationals

• Residence permit: Article L. 425-6 of the Code de l'entrée et du séjour des étrangers et du droit d'asile (CESEDA, the French Code on the Entry and Residence of Foreigners and the Right of Asylum) provides that a foreign national who benefits from a protection order is automatically issued a temporary residence permit (carte de séjour temporaire) marked "private and family life" (vie privée et familiale), without requiring proof of prior legal residence status.

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The Emergency Procedure Step-by-Step

To obtain a protection order, responsiveness and thoroughness in building your file are essential. Here is the path to follow:

Step 1: Gathering Evidence

Although the judge rules on the "plausibility" of the violence, they require tangible evidence. Gather immediately:

• Medical certificates or examination reports from the Unité Médico-Judiciaire (UMJ, the Forensic Medical Unit) establishing a total temporary disability (Interruption Totale de Travail or ITT), even if it is for 0 days (a medical ITT attests to the reality of the trauma).
• Receipts of filed criminal complaints (récépissés de dépôt de plainte) or police reports (mains courantes).
• Screenshots of text messages, emails, or social media messages containing threats or insults.
• Written statements from third parties (neighbors, colleagues, family, social workers) drafted using the official template (Cerfa form n° 11527*03) and accompanied by a copy of their ID.

Step 2: Petitioning the Family Law Judge (JAF)

The request is made through a written petition (requête). Although representation by a lawyer is not strictly mandatory, it is highly recommended to ensure the admissibility of the request. The petition is filed with the clerk's office (greffe) of the tribunal judiciaire (judicial court) of the family's place of residence.

Step 3: The Court Hearing

Once the petition is filed, the judge summons both parties to a closed-door hearing (audience à huis clos, closed to the public). The parties can be assisted by their lawyers. If the victim fears physical confrontation, the lawyer can request arrangements to prevent the parties from crossing paths in the courthouse corridors.

Step 4: Issuance and Notification of the Order

The judge renders their decision. For the measures to be enforceable and for their violation to constitute a criminal offense, the order must be officially served (signifiée) to the abusive partner by a commissaire de justice (formerly known as a huissier, a judicial officer/bailiff).

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Key Deadlines, Costs, and Figures

• 6 days: This is the maximum legal timeframe (under the law of July 30, 2020) within which the family law judge must rule and render their decision, starting from the date the hearing is scheduled.
• 6 months: This is the initial maximum duration of the measures ordered in the protection order.
• 0 €: Provisional legal aid (aide juridictionnelle provisoire) is granted automatically (without initial means-testing) to cover lawyer fees for a protection order request. Access to justice is therefore completely free of charge for the victim in an emergency.
• 2 years' imprisonment and a €15,000 fine: These are the maximum penalties faced by the abusive partner if they violate any of the obligations or prohibitions imposed by the protection order (Article 227-4-2 of the Code pénal, the French Criminal Code).

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Concrete Examples of Application

Example 1: Sofia's Case (Physical Violence and Attribution of the Home)

Sofia is married to Karim. A victim of repeated physical violence in front of their two children aged 4 and 7, she decides to flee the home. She consults a doctor who issues a medical certificate with 5 days of ITT and files a complaint.

Her lawyer petitions the JAF urgently.

• Result: The JAF issues a protection order within 5 days.
• The judge awards Sofia exclusive use of the family home (a rented apartment costing 950 € per month).
• The judge orders Karim to leave the home immediately and to continue paying the full rent of 950 € as part of his marital duty of support (devoir de secours).
• The judge also prohibits Karim from coming within 200 meters of Sofia.

Example 2: Lina's Case (Foreign National and Psychological Violence)

Lina, a Moroccan national, arrived in France on a family reunification visa to join her spouse. He confiscates her papers, isolates her, and exerts constant psychological and economic abuse (deprivation of resources, threats of deportation). Lina has no income of her own.

• Result: With the help of an association, Lina petitions the JAF. Despite the absence of physical violence, testimonies from neighbors and threatening text messages are sufficient to characterize the danger.
• The JAF grants her the protection order, orders her spouse to pay child/spousal support of 300 € per month, and allows her to conceal her address.
• Armed with this order, Lina goes to the préfecture (local administrative authority) and immediately obtains a temporary residence permit, thereby securing her legal status in France.

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Common Mistakes to Avoid

To maximize your chances of obtaining this protection, absolutely avoid these common mistakes:

• Waiting for physical marks to act: Psychological violence, harassment via text messages, and economic control are perfectly valid grounds for obtaining a protection order. Do not downplay non-physical abuse.
• Failing to have the order officially served: A protection order that has not been officially served (signifiée) to the abusive partner by a commissaire de justice has no binding criminal value. If the partner violates the rules without having received the official notification, the police cannot arrest them for violating the order.
• Leaving the home or the country without leaving a legal paper trail: If you must flee the home urgently for your safety, report it immediately to the gendarmerie or police station (by filing a complaint or a main courante for "leaving the home due to violence") so that it cannot be held against you later as family abandonment.
• Resuming contact "amicably": If the judge has prohibited contact, you must also respect this distance. Resuming contact on your own initiative, even for logistical details, can weaken the credibility of the danger in front of the judge during a request to renew the measures.

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Frequently Asked Questions (FAQ)

Can I get a protection order if I haven't filed a criminal complaint?

Yes. Filing a criminal complaint (plainte) is not a mandatory legal condition for obtaining a protection order. The Family Law Judge is a civil judge, independent of the public prosecutor (procureur de la République). They evaluate the evidence you provide (medical certificates, testimonies, messages) to determine if there is a plausible danger.

What happens if my partner violates the protection order?

Violating the measures of a protection order (for example, if they call you or show up at your home) is a serious criminal offense. You must immediately dial 17 (police/gendarmerie) or send a text message to 114. Law enforcement can arrest them immediately. They risk up to 2 years in prison and a 15,000 € fine.

What should I do if I do not speak French well?

French law guarantees access to justice for everyone. During the hearing before the Family Law Judge, you can request the free assistance of a sworn court interpreter. Your lawyer can also make this request ahead of the hearing.

What is the "Téléphone Grave Danger" (TGD)?

The Téléphone Grave Danger (TGD, High-Danger Phone) is an additional protection device. It is an emergency mobile phone allocated by the public prosecutor (often after a protection order has been issued or during criminal proceedings). By simply pressing a speed-dial key, it allows the victim to directly contact an assistance service that geolocates them and immediately dispatches law enforcement to the scene.

What happens to the measures after the 6-month period?

The measures automatically cease after 6 months. However, if you initiate divorce proceedings or legal proceedings regarding the exercise of parental authority (for unmarried couples) before the end of these 6 months, the measures of the protection order are automatically extended until the judge rules on the temporary measures of the divorce or parental authority.

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Summary

• An ultra-fast tool: The judge must render their decision within a maximum of 6 days after the hearing date is set.
• Comprehensive protection: It allows for the eviction of the abusive partner, awards the home to the victim, and organizes child custody safely.
• Completely free: Emergency legal aid is granted without means-testing for this procedure.
• A stepping stone for foreigners: It grants an automatic right to a residence permit for victims of domestic violence in precarious administrative situations.
• Severe penalties: Violating the order is a criminal offense punishable by 2 years' imprisonment.

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.