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Who and what is order to protect?
How to get a restraining order?
Different types of protection orders
Protection order consequences
PacisLexis Family Law
Protection order lawyer
Restraining order lawyer
In France, a protection order or restraining order is known as “ordonnance de protection.” It is a legal measure made to protect victims of domestic abuse or harassment.
This order can be issued by a judge and may include a range of provisions to ensure the safety and well-being of the person who has been subjected to abuse or threats. The specific provisions of a protection order can vary based on the individual circumstances.
To obtain a restraining order, you need to provide evidence of the abuse. This evidence can include complaints, police reports, witness statements, emails, text messages, or medical statements.
In the UK, there are 2 types of restraining orders commonly referred to as an “Occupation Order,” or “non-molestation order”, under Section 33 of the Family Law Act 1996, depending on specific circumstances. These orders are issued by the court and serve to protect individuals, primarily victims of domestic violence or harassment, by preventing the respondent from engaging in certain behaviours.
- Non-Molestation Order: This type of order is to prevent someone from molesting, harassing, or intimidating the person applying for the order. It can also prohibit any direct or indirect contact between the parties involved.
- Occupation Order: An Occupation Order deals with issues related to the occupation of a shared house. It may determine who can live in the home and can specify exclusion of one party from the property.
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Who and what is order to protect?
Who is order to protect?
Domestic abuse is not limited to married couples; it’s also for partners in civil partnership (known as PACS partners in France) and even for cohabiting couples. Furthermore, a restraining order can be issued when an adult is threatened with a forced marriage.
Since the Law 2019-1480 on December 28, 2019, it is no longer a requirement for a couple to have lived together.
The aim of this law is to broaden the definition of a couple and make it possible for a wider range of individuals who are victims of abuse to get a restraining order.
What is order to protect?
- Physical abuse: Physical abuse involves the use of strength against a person without their consent. Such actions can cause pain and injuries which can be serious, permanent or can cause death.
Here are examples of physical abuse: killing, kidnapping, burning, throwing objects, threating with a bladed weapon or gun, punching, pinching, strangling, pushing…
- Sexual abuse: Sexual abuse is defined as any sexual contact with someone who does not consent to it or is incapable to consent such as the victim is under 18 years old and achieved through the use of violence, coercion, threats, or unexpected actions.
- Psychological abuse: Psychological abuse involves the use of words or actions with the aim of controlling, frightening, or isolating someone. Examples of psychological abuse include threatening, insulting, mocking, yelling at someone, criticizing them, restricting their contact with family or friends, forbidding religious practice, damaging property, intimidating, and humiliating.
- Financial abuse: financial abuse entails exercising constant financial control, potentially leading to the complete loss of an individual’s autonomy. Various forms of financial control can manifest within a relationship. This may involve one spouse taking exclusive charge of managing the joint account, having total control over the couple’s income and expenses, or even depriving the other partner of resources, forcing them to seek permission even for basic family expenses such as groceries or meals.
- Forced marriage: forced marriage is illegal in France as it’s a form of domestic abuse. Forced marriage is where one or both people do not or can not consent to the marriage and pressure and abuse is used to force them into the marriage. This form of abuse can include pressure from relatives and family or a partner. Raisons to force them into the marriage are broad: poverty, traditions, gender gap, birth certificate missing….
You want to learn more about domestic abuse?
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How to get a restraining/protection order?
To get a restraining or protection order, a lawyer is highly recommended. However, this is not compulsory.
What shall I do to get a protection order if I’m in great danger?
1st step: victims of abuse must petition the family law judge for a protection order. From this point, the victim can ask their postal address to be concealed. Their postal address will be their lawyer’s one or the Chief prosecutor’s one.
2nd step: bailiff’s fees in charge of informing the respondent about the date of the hearing are covered by the French government as part of the legal expenses for victims who get legal aid. However, this financial help is not considered as part of the legal aid.
3rd step: regarding the hearing, parties can be heard together or separately. Most of the time, in case of abuse within a couple, both parties are heard together with their lawyers. The hearing is set to be at the council chamber with the Chief prosecutor.
4th step: if domestic abuse is proven, the protection order is issued 6 days after the date of the hearing.
5th step: Following the order, the claimant gets 48 hours to serve the respondent throughout a bailiff. If there is no lawyer, the service is carried out by a court’s clerk.
The respondent has 15 days to appeal following the service.
What is the maximum order of protection in France?
Protection orders in France are issued for a maximum period of six months from the date of the service of the order.
The duration of a protection order can be extended if meanwhile a divorce or legal separation request has been filed.
The duration of a protection order can also be extended if the family law judge has been ceased for parental responsibility.
What proves do I need for a protection order?
Evidence of domestic abuse is sometimes hard to get.
Unfortunately, the claimant must provide all the evidence. The claimant must prove the abuse as the situation of great danger but also the emergency!
All kind of evidence are allowed. However, there are exceptions, and you cannot get evidence unfairly, such as secretly filming someone, for instance.
Here are some examples of proves you can submit:
- Reports and complaints
- Medical certificates
- Relatives & friends’ statements
- Text messages, emails, phone calls
- If the defendant has a criminal record, it is also advisable to highlight these aspects, which may include prior criminal convictions.
Regarding domestic abuse proves must be true to get a restraining order. The family law judge will base his decision on a “bundle of evidence”.
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Different types of restraining orders
No contact order
This may involve prohibitions against contacting or physically meeting specific individuals mentioned by the family court judge.
Alert bracelet
The family court judge has the ability to issue a restraining order indicating a specific physical distance between the victim and the abuser. This system runs using geolocation technology.
In case the abuser breaches the order, an alert is sent to a monitoring centre. This cannot be implemented without the mutual agreement of both parties.
Matrimonial home rights notice
Since the French civil law n° 2020-936 of July, 30th 2020, the victim gets the right to live in the property owned by your married, civil or cohabiting partner.
Keeping the victim's address confidential
If the victim didn’t get the right to live in the property owned by your married, civil or cohabiting partner, they can keep the address confidential.
Children support against domestic abuse
The family law judge has the ability to make decisions regarding the children’s home residence, visitation rights, housing needs and also the maintenance enforcement against the abuser.
Sharing living costs when you’re married
The family law judge has the ability to decide on this matter.
For civil partners an allowance can be considered by the judge. There are no specific provisions for cohabiting partners.
You may also apply to get your pension earlier throughout a specific form.
protection order lawyer – restraining order lawyer
Protection orders consequences
The protection order is provisionally enforceable unless the judge decides otherwise.
It may be modified, deleted, suspended or modified at any time. If a threat is still there beyond the initial six-month period, the protection order can be renewed.
Breaching a protective order
Breaching a protective order is an offence. The sentence is 2 years’ prison and a €15,000 fine.
Since the French civil law n°2019-222 from March, 23, 2019, all sentences against an abuser will be recorded in a specific database for legal decisions and purposes.
Can I challenge a protection order?
Yes!
To challenge a protection order, you can appeal.
According to the French civil law, you can appeal up to 15 days after the service of the protection order.
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PacisLexis Family Law
You want to learn more about protection or restraining orders?
With difficult family circumstances, getting a lawyer is really important.
Your family law lawyer will try to do the best for you and your family throughout mediation first. In case of a divorce, sharing assets and properties will be our top priority as getting you a spousal maintenance.
If you’re a victim of domestic abuse, your lawyer will have priority to get you a safe accommodation.
Contact us to achieve the best result for you and your family.
PacisLexis Family Law
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