Coercive Control in France: Can You Get It Recognised in Court?

As of October 2026, coercive control is not a standalone criminal offence in France, unlike in the UK. French judges still use the concept to assess harassment of a partner, psychological violence and rape. Before the family court judge, it helps prove danger and obtain a protection order. It also affects the abusive parent’s rights.

What is coercive control?

Coercive control is a pattern of domination within a relationship. The abuser imposes rules, monitors and punishes. Each act, taken alone, looks trivial. Together, they take away the victim’s freedom to decide and create a climate of fear.

The most common behaviours:

• • • Isolation: cutting you off from your family, friends or colleagues.
    • Financial control: keeping your bank card, demanding a receipt for every expense, holding the account passwords.
    • Monitoring: location tracking, reading your messages, calling you again and again during the day.
    • Arbitrary rules: what to wear, when to come home, a ban on driving.
    • Threats and belittling, including in front of the children.
    • Using the children to keep up the pressure after separation.

Coercive control and “emprise”: what is the difference?

French law often speaks of “emprise”, the psychological hold on the victim. Emprise describes the victim’s state of mind. Coercive control describes the abuser’s behaviour. This changes the evidence. You do not have to prove your psychological state. You document dated, verifiable acts.

Is coercive control a crime in France in 2026?

Not under that name. This differs from England and Wales, where section 76 of the Serious Crime Act 2015 makes controlling or coercive behaviour an offence. Scotland and Ireland followed in 2018, and Canada passed a similar offence in June 2026. In France, Parliament has debated the issue for two years without result:

• • • 28 January 2025: the National Assembly adopts a bill by Aurore Bergé creating an offence of coercive control.
    • 3 April 2025: the Senate rewrites the text and turns coercive control into a form of harassment of a partner. The bill goes no further.
    • 2 October 2026: during the debate on the so-called “comprehensive law” (loi intégrale), MPs reject all three proposed wordings adding it to the Criminal Code.
    • 13 October 2026: the National Assembly unanimously adopts the comprehensive law, without coercive control. The Senate is due to examine it in January 2027.

The behaviour is still punished under existing offences:

• • • Harassment of a partner (Article 222-33-2-1 of the Criminal Code): three years’ imprisonment and a €45,000 fine. This rises to five years and €75,000 beyond eight days of total incapacity for work, or when a child witnessed the acts.
    • Psychological violence (Article 222-14-3 of the Criminal Code): it is punished in the same way as physical violence.

For an overview of the protections available, read our article on family violence in France.

How do French judges already use the concept?

• Poitiers Court of Appeal, 31 January 2024: five judgments use the concept for the first time. The court places harassment, death threats and repeated violence within an overall pattern.
• French Supreme Court (Cour de cassation), criminal chamber, 17 September 2025 ( 25-84.437): the victim described coercive control, including sleep deprivation to obtain sex. The Court overturned a decision that had not examined whether her former partner had placed her under his hold, to the point of moral coercion.
• Same case, 1 July 2026 ( 26-82.588): after a new review, the judges found neither coercion nor established coercive control. The Court dismissed the appeal.

The lesson of these two rulings: raising coercive control obliges the judge to examine it. It does not win the case on its own. The file must contain precise, consistent facts.

You recognise these behaviours in your relationship and do not know where to start. A first meeting helps sort your evidence and choose the right procedure before you act. Consultation €250 incl. VAT, in English, reply within 48 hours. Book a consultation

What protection can the family court judge order?

The protection order (ordonnance de protection)

The family court judge (juge aux affaires familiales) issues a protection order when violence within the couple puts the victim or the children in danger (Article 515-9 of the Civil Code). This also covers a former spouse, civil partner or cohabiting partner, even without living together. Psychological violence falls within its scope.

The judge rules within a maximum of six days from the date the hearing is set. The judge requires plausible violence and danger (Article 515-11 of the Civil Code). The order deals with distance from the abuser, housing and contact with the children.

The measures last up to twelve months. They are extended if divorce or parental authority proceedings start within that period (Article 515-12 of the Civil Code). The measures to request depend on your situation. To understand the procedure, read our article on the protection order in France.

Decisions about the children

The judge takes into account pressure or violence, physical or psychological, by one parent against the other (Article 373-2-11, 6°, of the Civil Code). Coercive control exercised through the children affects where they live and visiting rights. See also protecting children from domestic violence in France.

Fault-based divorce

Proven coercive control amounts to a serious or repeated breach of marital duties (Article 242 of the Civil Code). It supports a claim for fault-based divorce and affects how fault is attributed.

Does this apply if you are an expat living in France?

Yes. French protection measures apply to people living in France, whatever their nationality. The Civil Code sets no nationality requirement for a protection order. What matters is the violence within the couple and the danger.

Things become more complex when your partner lives abroad, or when the children risk being taken out of France. Which court has jurisdiction and which law applies must then be checked before filing. Read our article on international divorce for expats in France.

Why prepare your evidence before taking action?

The judge looks for a pattern, not an isolated incident. An account without dated evidence carries little weight against the other party’s denials. The ruling of 1 July 2026 shows this: without established facts, the concept did not convince the judges.

Useful evidence, how to present it and the choice of procedure vary from one situation to another. This work is done in a consultation, before going to court. A poorly prepared application leaves the abuser in place and alerts them to your plans.

In immediate danger, call 17 or 112, or text 114. The 3919 helpline listens to and guides victims, free of charge and anonymously.

Need legal advice? You are facing coercive control or preparing a separation in this context. Maître Claire Menuet, family lawyer in Paris 11th, advises English-speaking clients and helps you build your case before the family court judge. Book a consultation, reply within 48 hours.

Sources

• • • French Civil Code, Articles 242, 373-2-11, 515-9, 515-11 and 515-12
    • French Criminal Code, Articles 222-14-3 and 222-33-2-1
    • Cour de cassation, criminal chamber, 17 September 2025, 25-84.437
    • Cour de cassation, criminal chamber, 1 July 2026, 26-82.588
    • Poitiers Court of Appeal, 31 January 2024, five judgments, cited in the explanatory statement of bill No. 669
    • National Assembly, adoption of the comprehensive law at first reading, 13 October 2026