Domestic violence is a major social scourge to which the legislator is striving to respond with increasingly effective measures.
Among these tools, the protection order occupies a central place.
It provides rapid, appropriate protection for victims of domestic violence.
This article provides an overview of this system, highlighting its procedures, recent legislative developments and the issues involved.
The protection order: an essential tool
The protection order, introduced by the law of July 9, 2010, aims to protect victims of domestic violence in situations of immediate danger, independently of any prior criminal complaint.
It applies to married, civil union, cohabiting or even separated couples.
The family court judge (JAF) is empowered to issue this order within a maximum of six days of the date set for the hearing.
Issuing conditions
For a protection order to be granted, two cumulative conditions must be met:
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- The violence must be credible: the alleged facts must appear credible in the light of the evidence presented (medical certificates, witness statements, etc.).
- The existence of a present or imminent danger: the victim or her children must be exposed to a serious threat.
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Since successive reforms, notably those of 2019 and 2024, it is no longer necessary to prove cohabitation between the aggressor and the victim in order to obtain a protection order.
Measures covered by the protection order
The protection order enables the Family Court to order several measures listed in article 515-11 of the French Civil Code.
These measures are designed to guarantee the safety of the victim and her children.
They include
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- Removal of the perpetrator of the violence: prohibition on approaching the victim or going to certain places.
- Surrender of weapons: the aggressor may be required to surrender his weapons to the police or gendarmerie.
- Exclusive use of the family home: the violent spouse can be evicted, even during the winter truce.
- Organization of parental rights: the judge can set up specific arrangements for the children’s visiting and accommodation rights, such as supervision by a trusted third party or in a secure area.
- No contact or meetings with people designated by the judge, such as the victim’s relatives.
- Concealment of the victim’s address to prevent it being located by the aggressor.
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A major change: the provisional immediate protection order
The law of June 13, 2024 introduced a major new feature to the protection system: the provisional immediate protection order (OPPI).
This mechanism is designed to offer even faster protection to victims as soon as they are reported to the courts.
The OPPI can be issued within 24 hours, even before the hearing, in order to respond to the urgency of certain situations.
Conclusion
The protection order is an essential tool in the fight against domestic violence.
Recent reforms, notably those of 2019 and 2024, have considerably broadened its scope and strengthened its effectiveness.
However, the practical implementation of this measure requires harmonization of judicial practices and rigorous monitoring of the measures ordered.
In a context where domestic violence continues to affect thousands of people every year, the constant evolution of this system bears witness to the legislator’s commitment to protecting victims and preventing repeat offenses.