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What is family harassment ?
What to do if you’re a victim of psychological and emotional abuse?
Domestic harassment and abuse
Intra-familial child abuse
PacisLexis Family Law
Family harassment lawyer
Family harassment is a form of domestic violence and abuse. It can include physical abuse, threatening behaviour, psychological abuse, neglect…
Family harassment can take many forms, however, if you find yourself threatened, intimidated, and humiliated by a relative or a family member and/or your partner, it can affect your mental and physical health. Domestic abuse can happen to people of all genders. If you’re the victim of an abusive relationship, you might want to be protected and helped.
Abuse and harassment don’t always come from a partner or a spouse. Harassment can come from parents, grandparents, other relatives. it can also be child abuse if a child is under 18.
If you’re dealing with an emotionally abuse parent, this situation is very tricky. You can find yourself shameful, blaming yourself and you’re scared to talk. You must take actions and talk to trustees, people you can trust or health carers. You have to fight against harassment and abuse.
Whatever you can do or want to do, you must take actions. There are organisations that can give you advice and provide help such as local authorities and PacisLexis Family law can also provide legal advice. PacisLexis Family Law is specialised in harassment and domestic abuse. Call us now!
Family harassment lawyer
What is family harassment?
What are the signs of family harassment?
Family harassment is considered as psychological and emotional abuse in France. Psychological abuse is an insidious form of abuse to manipulate and frighten a person.
The main goal is to maintain control and involves non-physical actions. Perpetrators use a wide range of hidden tactics to brainwash their victim.
I’m being abused. Can the situation get out of control?
Yes!
Psychological and emotional abuse is a step before physical abuse.
This is why you must talk to health carers or professionals, close relatives or friends before it’s too late.
- Physical abuse: physical abuse involves causing injuries or traumas such as bruises, broken bones, burns, cuts and is not accidental.
- Sexual abuse: it’s when an individual is coerced or physically forced to engage against their will or touches another person sexually without their consent: rapes, sexual harassment, ….
- Economic abuse: economic abuse involves the control of money and finances and things that money can buy. Perpetrators of economic abuse can control how you acquire or spend money, exploit incomes including food, clothing, accommodation.
Is domestic harassment considered as family abuse?
Yes!
Psychological and emotional harassment is abuse. It refers to the use of intimidating and offensive behaviours aimed to humiliate the victim.
What is the punishment for psychological abuse?
It will depend on the circumstances!
The offence can carry a sentence of a year imprisonment and a fine of €15k.
The offence can also carry a sentence of 2 years imprisonment and a fine of €30k if:
- The harassment leads to injuries and incapacity of work
- The victim is a child
- The victim is an old individual, an individual with disability, a pregnant individual, etc…
- A child sees or hears domestic abuse
- Cyberbullying
The offence can also carry a sentence of 3 years imprisonment and a fine of €45K if 2 of the above circumstances are met.
Can a perpetrator be a parent?
Yes!
Emotional abuse can cause serious damage to a child’s emotional development.
Is defamation considered as harassment?
Defamation occurs when false statements are made about an individual publicly or privately resulting in damage to their reputation.
The sentence for defamation and harassment are independent. In France, defamation can be considered as harassment if the victim’s mental and physical health has been damage.
To establish a defamation claim, the claimant must evidence the statement.
Family harassment lawyer
What to do if you’re a victim of psychological and emotional abuse?
Can I report the abuse from an ex partner, a ex-spouse, a mother, a father, parents or any other person?
Yes!
If you’re over 18 you can file a complaint to the police. If you’re under 18, please read part 4 of this article.
How can coercive control be proven?
It will depend!
The offence of controlling or coercive behaviour can be proven with:
Copies of emails, phone records, texts and voicemail messages, medical statement, mails, records etc…
You must keep this paperwork and seek for advice with a family law lawyer such as PacisLexis Family Law.
How to make a police report?
It will depend!
1st option: file a complaint to your local gendarmerie or the nearest police station
The gendarmerie or the police have a legal duty to keep track of your record even if it’s not in their abilities. After filing the complaint, keep track of it.
2nd option: online complaint
In France you can make an online complaint and file a form by following this link: https://www.pre-plainte-en-ligne.gouv.fr. After filling out the form you could arrange an appointment to officially record it.
3rd option:
you can directly petition the general prosecutor who will decide to go ahead with your complaint if there is enough evidence.
To petition the general prosecutor you have to write a letter to your local court or where the offence occurred.
Your letter must contain:
- Your postal address and prove of identity
- Date and place of the offence, facts and the name of the perpetrator
- Name and postal addresses of the witness(es)
- Evidence
If you want to get the best outcome from your file, we strongly advise you to book an appointment with our law firm.
Is it possible to seek damages?
Yes!
Victims can seek damages from the perpetrator(s).
Family harassment lawyer
What to do if you’re a victim of psychological and emotional abuse?
Shall I wait for the court’s agreement to be protected?
No!
You can get a protection order from the Court especially if children are involved or your life is in danger.
This protection order can be served to the perpetrator without any complaint.
To learn more about protection or restraining orders, please read our article:
Can the courts protect me from the perpetrator?
It depends.
The court must provide a restraining order within 6 days from the date the trial has been scheduled.
The court can take different measures according to the circumstances such as:
- Forbidding any contact with the victim for any reason
- The courts can make an order to exclude the perpetrator from the home. The victim will remain in the home.
- The courts can decide on removing the victim’s address and can make an order to use the victim’s lawyer address.
- The courts can remove the perpetrator’s parental responsibility.
It’s not very often for a protection order’s claim to be dismissed. For a claim to be dismissed, there must be no evidence.
What is the penalty for breaching a protective order?
Breaching a protective order is an offence. The maximum sentence is 2 years’ imprisonment.
What to do when you file a police report and they don’t do anything about it?
Filing a report and they don’t do anything about it, doesn’t mean there is no offence.
In France a police report can be classified as ‘sans suite’. It means that the case is closed without further legal proceedings, so it will not go to court. This is what happens when the public prosecutor doesn’t reply to your claim after 3 months. However you have also 3 months to challenge it.
Solutions against a case closed without further legal proceedings:
- Challenging the case by writing a recorded letter to the public prosecutor.
When challenging it, you must provide all evidence. The best way to go is to get a family law lawyer.
- A complaint with civil party status enables you to directly petition the court that will decide whether there are enough evidence for your complaint to reach the next level.
- Throughout a summons which is a written order to attend a court to answer an allegation. There won’t be in-depth investigation. Summons can’t be used for murders or rapes.
Regarding this matter, we strongly advice you to get help from a lawyer in order to get the best outcome.
Family harassment lawyer
Domestic harassment and abuse
Causes of domestic abuse
Domestic abuse is a matter of choice for perpetrators. They choose to exert power and control over their victims.
Domestic abuse charges
In France domestic abuse is a criminal offence and the perpetrator can face 3 years’ imprisonment and a fine of €45K if the victim has been ill up to 8 days in a row and has taken sick leave. This is called ITT in France (Interruption temporaire de Travail).
Can a sentence be increased?
Yes!
If the victim has been ill for more that 8 days in a row and and has taken sick leave, the perpetrator can face 10 years imprisonment and a fine of €150K especially when the victim kills themselves or try to kill themselves with the abuse.
My ex-partner is still harassing me, can he be charged?
Despite being separated, your ex-partner is still abusing you, charges can be the same as if you’re still together.
How to get over abuse and harassment?
This will take time.
There are several roads you can follow such as:
- Seeking help from a therapist
- Looking after yourself and taking care of yourself
- Setting standards to avoid the situation to be reproduced further down the live
- Rebuilding your self-confidence
Family harassment lawyer
Intra-familial child abuse
Is there a legal requirement for a child to report abuse and neglect in France?
No!
When a child is reporting an abuse, the police will start investigating and will file the complaint to the public prosecutor who can charge the perpetrator(s).
Is it possible for a minor in France to join a civil claim in proceedings as an interested party?
It depends!
In France, under 18, you are considered as a minor. 18 and over individuals can engage and be engaged in civil claim and criminal claims and are considered legally capable.
In France there are 2 different types of minor child: a child is considered legally capable when he turns 16s if the parents and the family court gave consent. Otherwise, a child is considered not legally capable.
A child who received consent can therefore join a civil claim in proceedings as an interested party whereas for the other one, only their parents can join.
Can a minor join a claim in proceedings without their parents or carers?
Yes!
If a child is being abused by one parent or both, family law judges can appoint a legal representative to join the claim.
The appointed representative can be a child’s close relative or a third party.
How do courts decide who gets custody of a child and parental responsibility?
It depends!
Family courts will take several things into account:
- The child’s feelings if they are capable
- Both parents’ capability to commit to their duties
- Harassment and abuse from a parent or both
Regarding the circumstances, the child can go and live with one parent or the other.
Please note that it does not mean that the abusive parent loses their parental responsibility.
Can the abusive parent still have relationship with the child?
It depends on the circumstances!
Parental responsibility can only be down to one parent. The only one will get visits and occasional accommodation.
Courts can also arrange supervised visits and occasional accommodation.
Shall the abusive parent still have to pay for child maintenance?
Yes!
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PacisLexis Family Law
Are you victim of family harassment?
If you’re experiencing emotional harassment or abuse, don’t suffer in silence—reach out to our law firm today for the support and legal guidance you deserve.
Take the first step towards justice and healing. Contact our expert legal team now to stand up against emotional harassment and abuse.
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Our articles about family criminal law
Nursing home abuse
Nursing home and elder abuse statistics in France for 2022 shows that 1 in 6 older adults (over 60s) has already experienced abuse and the numbers are on the rise.
Elderly abuse and neglect can take many forms. Nursing home abuse can have devastating emotional, physical and financial effects on older individuals.
Very often, nursing home and elder abuse happen in long-term care or other care facilities but also within their home.
Child abduction
What is child abduction?
“L’enlevement parental” or child abduction in English is when a person takes a minor out of France without the consent of those with parental responsibility.
It can be a child’s parent.
“l’enlevement parental” is not a legal word, only abduction is and is a criminal offence in France.
When child abduction is suspected, you must react quickly. Child abduction is a sensitive and complex matter that can cause stress and anxiety for everyone involved.
It’s important to note that in France, parental responsibility is shared. You do not need the other parent’s agreement to take a child abroad.
Child Neglect
For some parents it may be difficult to care of a minor child. There are many forms of neglect, and it can happen at any age. Parents can’t provide for or meet a child’s basic needs and it includes food, clothing, medical care or supervision.
Sometimes a parent might not be aware that they can’t meet a child’s needs or don’t simply have the skills necessary for good parenting. For them, the child is not in danger. Legally speaking, it doesn’t matter if they are aware or not that they are neglecting their child(ren).