Domestic abuse lawyer

Physical violence involves the use of force against an individual without their consent, resulting in physical pain or injury that can be severe, permanent, or can lead to death.

Examples of physical violence include actions such as killing, kidnapping, burning, throwing things, using firearms, bladed weapons, or other potentially lethal instruments, as well as physically assaulting, pinching, choking, shoving, or pushing.

Penalties for physical violence in criminal law are as follows:

According to Article 222-13 of the French criminal law, “Violence leading to an incapacity to work of eight days or less, or which does not result in any incapacity to work, is punishable by up to 3 years of imprisonment and a fine of 45,000 euros.”

 If the temporary incapacity to work exceeds eight days, the maximum penalty can be raised to 5 years of imprisonment and a fine of 75,000 euros.

Psychological abuse involves the use of words or actions intended to control, intimidate, or isolate an individual.

Here are examples of psychological violence: making threats, insulting, mockery, shouting, criticising, isolating from family or friends, restricting religious practices, damaging property, and intimidating or humiliating.

In general, psychological abuse is not considered as a criminal offense. However, there are exceptions:

– Threats directed towards you or individuals in your family or relatives: As per Article 222-17 of the French Criminal Law, “Threatening to commit a crime or an offense against individuals, the attempt of which is punishable, carries a penalty of six months imprisonment and a fine of 7,500 euros.“

– Criminal harassment (such as stalking or persistently contacting a person): According to Article 222-33-2-2 of the French Criminal Law, “Repetitive comments or behaviours aimed at degrading living conditions, leading to a deterioration of physical or mental health, constitutes criminal harassment and can lead to a year’s imprisonment and a fine of €15,000.”

No!

Since the law from the 4^th April 2006 in France, the law recognizes that sexual consent is required between individuals, even in a spousal or partner relationship. Non-consensual sexual agreement, regardless of the relationship between the individuals, is considered sexual assault or rape.

The French Criminal Law punishes sexual assault and rape, and it does not make distinctions based on the relationship between the individuals involved. Engaging in non-consensual sexual activity with one’s partner or spouse is a crime and can lead to criminal prosecution.

It’s important to understand that consent is a fundamental principle in sexual relations, and any form of sexual activity without the clear and freely given consent of all parties involved is illegal in France and constitutes a serious offense.

In France, economic abuse within a couple, often referred to as “violences économiques au sein du couple,” is a form of domestic abuse or violence that involves controlling or manipulating a partner’s financial resources or access to economic assets. Economic abuse can take various ways and may include:

• Financial Control: This occurs when one partner takes control over the couple’s finances, such as controlling access to bank accounts, income, or financial resources. This can involve withholding money or financial information.
• Financial Isolation: Economic abusers may isolate their partner from financial resources, preventing them from working, accessing education, or having their own money. This can result in financial dependence.
• Forced Debts: Coercing or pressuring a partner into taking on debts, loans, or financial obligations against their will or without their agreement can be a form of economic abuse.
• Sabotaging Employment: Preventing or sabotaging a partner’s employment or economic independence, such as interfering with their job or education, can constitute economic abuse.
• Financial Threats: Threatening to cut off financial support or assets to control the partner’s behaviour or force them into compliance.
• Exploitation: Exploiting a partner’s financial resources or property without their consent or using their assets for personal gain is a form of economic abuse.

Economic abuse is recognized as a serious issue and is illegal in France.

Victims of economic abuse within a couple can seek legal protection and lifts to address this form of domestic violence, including restraining orders and legal actions against the abuser.

France has implemented legal provisions to protect victims of domestic violence, including economic abuse, through specific laws and resources aimed at providing support and assistance to the victims.

In France, a forced marriage, known as “mariage forcé,” is a marriage in which one or both parties are pressured and forced to marry against their will. This can involve emotional, psychological, physical, or financial pressure and may be driven by family, cultural, or religious expectations. Forced marriages are illegal and considered a violation of human rights in France.

Legally, a forced marriage is distinct from an arranged marriage, which is a consensual union where both parties willingly agree to the marriage, but their families may have played a role in selecting a suitable partner. Forced marriages, on the other hand, do not involve the free and informed consent of both parties.

France has taken significant steps to address the issue of forced marriages and protect individuals from this form of abuse. The country has taken specific laws and legal measures to prevent and fight forced marriages. These measures include:

• Criminal Penalties: Coercing or forcing someone into marriage is a criminal offence in France, and individuals involved in such activities can face legal consequences.
• Protection Orders: Victims of forced marriages can seek protection orders to prevent the marriage from taking place or to escape a forced marriage.
• Support Services: Various organisations and support services are available to assist victims of forced marriages, offering legal, psychological, and social support.
• Education and Awareness: France has undertaken initiatives to raise awareness about forced marriages and educate individuals about their rights and the consequences of forcing someone into marriage.

It is important to note that forced marriage is illegal, and individuals who are being forced into marriage or are at risk of forced marriage are encouraged to seek assistance from law enforcement, social services, or support organisations in France. France is committed to protecting individuals’ rights and ensuring that forced marriages are prevented and prosecuted as criminal acts.

Child neglect in France, known as “négligence envers un enfant,” refers to the failure of a parent or guardian to provide adequate care, supervision, and support for a child, which can result in harm or endanger the child’s well-being. Child neglect can take various forms and may include:

• Physical Neglect: Failing to provide a child with primary needs such as food, shelter, clothing, and medical care.
• Educational Neglect: Failing to ensure a child receives proper education, as required by French law.
• Emotional Neglect: Ignoring or withholding emotional support, love, and affection, which can lead to emotional harm for the child.
• Medical Neglect: Refusing or neglecting to seek necessary medical care for a child, which can lead to serious health issues.
• Supervision Neglect: Leaving a child unsupervised in situations where they may be at risk of injure or danger.
• Exposure to dangerous Environments: Allowing a child to be exposed to unsafe or dangerous living conditions, such as substance abuse, violence, or criminal activity within the household.

In France, child neglect is taken seriously, and there are legal measures and child protection agencies in place to protect the well-being of children. Parents or guardians who are found to be neglecting their children can face legal consequences, and in some cases, child protective services may interfere to protect the child.

In situations where child neglect is suspected or reported, it is crucial to contact the relevant authorities or child protection agencies in France, who can investigate the case, provide support to the child and family, and take appropriate action to ensure the child’s safety and well-being.

In the United Kingdom, domestic abuse, also commonly referred to as domestic violence, is defined as a pattern of abusive and controlling behaviour within a couple or family relationship that is intended to control, dominate, or harm the victim. Domestic abuse can occur in various forms and can encompass physical, emotional, psychological, financial, and sexual abuse, as well as coercive and controlling behaviour. Here are some key aspects of domestic abuse in the UK:

• Physical Abuse: This includes physical violence such as hitting, punching, slapping, or any form of physical harm.
• Emotional and Psychological Abuse: This involves behaviours aimed at undermining the victim’s self-esteem, causing emotional distress, or manipulating the victim emotionally.
• Coercive Control: Coercive or controlling behaviour includes actions to control a victim’s daily life, restrict their freedom, and isolate them from support networks. This is a criminal offense in the UK.
• Financial Abuse: This form of abuse entails controlling or withholding financial resources, making the victim financially dependent, or misusing their assets and finances.
• Sexual Abuse: Sexual abuse refers to non-consensual sexual activity, including rape, within an intimate or family relationship.
• Stalking and Harassment: This includes persistent and unwanted behaviours such as stalking, harassment, or online abuse.
• Forced Marriage: Forcing someone into a marriage against their will is considered a form of domestic abuse.

The UK has taken significant steps to address domestic abuse and protect victims. Legal provisions and support services are available to assist victims of domestic abuse, including restraining orders, emergency accommodations, and helplines.

The Domestic Abuse Act 2021, which became law in the UK, strengthens legal protections for victims and defines new offenses to address domestic abuse effectively.

It is pretty much the same than in the UK. The United States has taken various measures to address domestic abuse and protect victims.

Legal provisions and support services are available, including restraining orders, emergency shelters, hotlines, and counselling. Many states have specific laws and policies to address domestic violence and help the victims.

If you are a victim or witness of child abuse in France, it is essential to take immediate action to protect the child’s safety and well-being. Child abuse is a serious matter, and there are legal provisions and support services in place to help children in such situations. Here’s what you should do:

1. Ensure the Child’s Safety: If the child is in immediate danger, call the emergency services number in France, which is 112 or 18.
2. Contact Child Protective Services: Report the suspected child abuse to the local Child Protective Services agency. In France, this agency is known as “Protection de l’Enfance.” They are responsible for investigating child abuse cases and ensuring the child’s protection.
3. Provide Details: When reporting the abuse, be as specific as possible about what you have witnessed or suspect. Include information such as the child’s name, age, address, and any relevant details about the abuser.
4. Maintain Confidentiality: Keep the child’s information and the details of the report confidential to protect their privacy and safety.
5. Offer Support and Comfort: If you are a witness and not the victim, offer support and comfort to the child while respecting their boundaries. Let them know that you are there to help.
6. Encourage Communication: Encourage the child to speak with a trusted adult about the abuse, such as a teacher, counsellor, or family member.
7. Document the Abuse (if safe): If it is safe to do so, document any evidence of the abuse, such as photographs or written descriptions. This can be helpful in the investigation.
8. Seek Legal Assistance (if you are the victim): If you are the victim of child abuse and feel safe doing so, consult with a family law lawyer or legal advisor to explore your legal options and protection.

Child abuse is a crime, and authorities in France take it very seriously.

Reporting abuse is crucial to ensuring the child’s safety and protection from further harm. Remember that you are acting in the best interests of the child’s welfare, and your report can make a significant difference in their life.

1. The victim himself: a child cannot legally represent himself. If the parents are implicated in the violence, the Court can appoint a representative to act on behalf of the child.
2. The Chief prosecutor, upon receiving a report, has the ability to initiate an investigation.
3. A charity dedicated to supporting victims, with over 5 years of experience, has the capability to file a report as a civil party. However, this action is contingent upon the initiation of the procedure by the prosecutor or upon a complaint lodged by the victim.

In the United States, the responsibility for reporting cases of child abuse typically falls on “Mandatory Reporters.” These individuals are legally required to report suspected child abuse or neglect to the appropriate authorities.

Mandatory Reporters vary from state to state but often include the following:

• Teachers and School Personnel: Teachers, school counsellors, and other school employees are generally mandatory reporters. They are in close contact with children and are well-positioned to identify signs of abuse or neglect.
• Healthcare Providers: Doctors, nurses, and other medical professionals are mandatory reporters. They may encounter children with injuries or medical conditions that raise concerns.
• Social Workers: Social workers, especially those working in child protective services, are mandatory reporters and often investigate cases of abuse or neglect.
• Mental Health Professionals: Psychologists, therapists, and counsellors are generally mandatory reporters if they suspect a child is being abused or neglected.
• Law Enforcement: Police officers and other law enforcement personnel are often mandatory reporters as well, as they may meet cases of child abuse during their investigations.
• Childcare Providers: Those who work in daycare centres, preschools, or other childcare facilities are typically mandatory reporters.
• Clergy: In some states, members of the clergy may be mandatory reporters, but there may also be legal exemptions in place based on religious confidentiality privileges.
• Foster Parents: Foster parents may be mandatory reporters and are often subject to background checks and training related to child abuse reporting.
• Child Advocacy Workers: Professionals who work with advocacy organisations focused on child welfare often have a duty to report.
• Any Concerned Adult: In some states, any concerned adult who suspects child abuse or neglect is encouraged to report their concerns, even if they are not a mandatory reporter.

It’s important to note that mandatory reporting laws can vary from state to state, so it’s crucial to be aware of the specific requirements and guidelines in your state.

In all cases, reporting child abuse or neglect is typically done to a local child protective services agency or a designated hotline. Reporting is typically confidential, and those who make a good faith report are protected by law from liability.

In the United Kingdom, anyone who has reason to believe that a child is at risk of abuse or neglect is encouraged to report their concerns.

There are no specific legal requirements for who can report child abuse; the responsibility to report falls on anyone who has concerns about a child’s safety or welfare.

This can include:

• Parents and Guardians: A parent or guardian who has concerns about the safety or well-being of their child can and should report their concerns to the appropriate authorities.
• Relatives: Relatives, such as grandparents, aunts, uncles, or cousins, who suspect child abuse or neglect can report their concerns.
• Teachers and School Staff: Teachers, school counsellors, and other school employees are often in close contact with children and are in a good position to identify signs of abuse or neglect.
• Healthcare Professionals: Doctors, nurses, and other healthcare professionals who have contact with children are encouraged to report any concerns they may have regarding a child’s safety.
• Social Workers: Social workers, especially those working in child protection services, are often responsible for investigating and addressing cases of abuse and neglect.
• Mental Health Professionals: Psychologists, therapists, and counsellors are encouraged to report any suspicions of abuse or neglect.
• Law Enforcement: Police officers and other law enforcement personnel may come into contact with cases of child abuse during their investigations and should report their suspicions.
• Childcare Providers: Those who work in childcare facilities, nurseries, or preschools should report concerns about child abuse or neglect.
• Neighbours and Friends: Concerned neighbours, friends, or acquaintances who have reason to believe that a child is at risk should report their concerns.
• Anyone Concerned for a Child’s Safety: The emphasis in the UK is on anyone who is concerned about a child’s safety or well-being reporting their concerns. There is no specific requirement for professional qualifications to report.

In the UK, you can report concerns about child abuse or neglect to the local authority’s children’s services, social services department, or a designated child protection hotline.

Reporting is typically confidential, and those who make a good faith report are protected by law from liability. It’s important to prioritize the safety and well-being of the child and to report concerns asap.