In the face of domestic violence—whether physical, psychological, verbal, or economic—the absolute priority is to reach safety and remove the violent partner. French law has developed a highly protective emergency legal framework for victims, whether they are married, in a civil partnership (PACS - pacte civil de solidarité), or cohabiting (concubinage), and regardless of their nationality. This comprehensive guide, written by the experts at AvocatAI, details step-by-step the emergency procedures, practical steps, and your rights to safely free yourself from control and violence.
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The protection order (ordonnance de protection) is the ultimate emergency civil procedure. Issued by the Family Court Judge (Juge aux affaires familiales or JAF), it allows victims to obtain broad protective measures without needing to have previously filed a criminal complaint, although doing so remains highly recommended.
Governed by Articles 515-9 to 515-13 of the French Civil Code (Code civil), a protection order is issued if the judge considers there are serious grounds to believe that the alleged acts of violence are likely to have occurred and that the victim or one or more children are exposed to danger.
Law No. 2019-1480 of December 28, 2019, significantly strengthened this mechanism by setting a strict maximum ruling deadline. The JAF must hand down their decision within a maximum of 6 days from the date the hearing is scheduled.
The protection order is a powerful tool because it allows the combination of physical protection measures and material arrangements:
The measures of a protection order are granted for a maximum duration of 6 months. However, if during this period the Family Court Judge is petitioned for divorce or judicial separation (séparation de corps), or if a petition regarding the exercise of parental authority is filed, the measures of the order are extended until a final decision is rendered.
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Alongside the civil route, the criminal justice system offers immediate removal tools, which are often implemented by the Public Prosecutor (procureur de la République) or the Investigating Judge (juge d'instruction).
When a criminal investigation is opened against the violent partner (following a complaint or a report), the prosecutor or investigating judge can place the alleged perpetrator under judicial supervision (contrôle judiciaire) pending their trial. This supervision can include:
These two technical devices save lives daily:
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If you are a victim of violence, here is the emergency protocol to follow to activate these protections:
In case of imminent danger, leave the home if possible or lock yourself in a safe room. Call emergency services immediately:
It is crucial to obtain medical evidence, even if you do not wish to file a complaint immediately.
Go to the police station (commissariat de police) or gendarmerie station (brigade de gendarmerie) of your choice.
To obtain a protection order:
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Financial concerns are often a major barrier for victims who fear finding themselves homeless or without resources. French law provides mechanisms for solidarity and the transfer of financial obligations.
> Example 1: The Case of Marie (Tenant)
> Marie is suffering psychological and physical violence from her cohabiting partner, from whom she wishes to separate. They rent an apartment together for a rent of €950 per month. Marie earns €1,300 net per month and cannot afford this rent alone if she stays, nor can she pay double rent to flee.
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> Thanks to the protection order obtained in 6 days:
> 1. The JAF grants exclusive use of the accommodation to Marie.
> 2. The judge orders that her ex-partner, despite being evicted from the accommodation, must pay the entire rent of €950 during the 6 months of the order as a contribution to household expenses.
> 3. In addition, the judge orders the ex-partner to pay child maintenance of €150 per month for their shared child. Marie can thus remain safe in her home without immediate rental expenses.
> Example 2: The Case of Yasmine (Homeowner with No Income)
> Yasmine is married under the community property regime. Her husband is violent. They bought a house with a monthly mortgage payment of €1,200. Yasmine is a stay-at-home mother with no personal income.
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> Petitioned in an emergency, the JAF makes the following decisions:
> 1. Eviction of the violent husband from the family home.
> 2. Obligation for the husband to pay the entirety of the mortgage payment of €1,200 under the duty of support between spouses (Article 212 of the French Civil Code).
> 3. Allocation of a provisional maintenance allowance of €400 per month for Yasmine under the duty of support, and €200 per child (making €400 for their two children).
> 4. Yasmine thus receives €800 per month in direct aid, and her home is paid for by her spouse throughout the divorce proceedings.
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Yes, absolutely. The right to protection against violence is universal in France. The protection order is accessible to anyone residing on French territory, regardless of their administrative status. Furthermore, Article L. 425-6 of the French Code on the Entry and Residence of Foreigners and the Right to Asylum (CESEDA) provides that, unless there is a threat to public order, the administrative authority shall issue a temporary residence permit to a foreigner who benefits from a protection order.
Failure to comply with the obligations or prohibitions imposed in a protection order constitutes a serious criminal offense. According to Article 227-4-1 of the French Criminal Code (Code pénal), the violent partner faces up to 2 years' imprisonment and a €15,000 fine. In case of violation, contact the police immediately for an arrest in flagrante delicto (flagrant délit).
The procedure before the Family Court Judge for a protection order is free of charge (no court registry fees). If you hire a lawyer, their fees are your responsibility, but you may benefit from State legal aid (aide juridictionnelle) if your income is below the thresholds (approximately €1,043 per month for 100% coverage, an amount updated annually). In an emergency, provisional legal aid can be granted within a few days.
No, this is known as economic violence. If your partner blocks joint accounts or deprives you of means of subsistence, you must report this to the judge. Within the framework of a protection order or divorce proceedings, the judge can order the release of emergency financial provisions and the allocation of maintenance to cover your vital needs and those of your children.
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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.