A victim can obtain a civil protection order pursuant to the Law 2010-769 of 9 July 2010 on violence specifically against women, violence within couples and its impact on children, and constitutes a civil emergency measure open to victims of violence occurring within a couple relationship.

This protection is open to multiple types of couples' relationships such as couples bound by marriage, by a civil pact of solidarity (pacte civil de solidarité) or simply living together as a common law couple. By the Grenelle Law, the possibility to request a civil protection order was extended to former spouses, former partners bound by a civil pact of solidarity, former concubines and to couples not living together.

A civil protection order may also be issued by the judge to a major person threatened with forced marriage.

The violence committed can be of a physical, psychological or sexual nature and can be committed during the relationship or post-relationship.

This civil protection order is issued by a family court judge and aims to provide urgent protection to victims of such behaviors. The judge may order a civil protection order even if the victim of violence has not yet filed a criminal complaint. The Grenelle Law sets a six-day period for the judge to issue a civil protection order.

The judge may for instance:

• prohibit the defendant from going to certain places specially designated by the family court judge where the plaintiff is ordinarily found
• prohibit the respondent from receiving or meeting with certain specially designated persons
• prohibit the defendant from possessing or carrying a weapon and, where appropriate, order them to surrender the weapons in his possession
• offer the perpetrator of violence health, social or psychological care or a training course to help prevent and combat domestic and gender-based violence; if the perpetrator refuses, the family court will immediately notify the public prosecutor
• decide on the separate residence of the spouses, specifying which of them will continue to reside in the conjugal housing and how the expenses relating to this housing will be covered; except in special circumstances, the use of this housing is allocated to the spouse who is not the perpetrator of the violence
• allocate the use of the couple's home or residence to the partner or cohabitee who is not the perpetrator of the violence and specify the terms and conditions for the payment of the costs of such housing
• decide on the arrangements for the exercise of parental authority and, where appropriate, on the contribution to the expenses of the marriage and/or on the contribution to the maintenance and education of the children
• allow the victim to conceal their domicile or residence and to elect domicile with the lawyer who assists him

When rendering a civil protection order, the judge can decide on the modalities of the parental authority and, where necessary, on the contribution to the costs of marriage for married couples, on material assistance for partners in a civil solidarity pact and on the contribution to the maintenance and education of children. 

The civil protection order is an emergency measure (see above "Are there civil protection orders available to victims of domestic abuse?"). However, in practice, it takes on average a month to obtain such order.

The Grenelle Law, by setting a six-day period in which the judge should issue a civil protection order, was aiming at speeding up the delivery of civil protection orders. However, it states that the six-day period begins to run from the date the hearing is scheduled. The timeframe for fixing the hearing is currently problematic, as it can last several weeks or even months.^[39]

Besides, in the context of an application for divorce, the judge can take emergency measures and may:

• allow the applicant spouse to reside separately, if applicable with his or her minor children
• order any protective measures, such as the sealing of common property, in order to guarantee the rights of a spouse

These specific measures are issued in a nonadversarial manner (unlike the civil protection orders). As a result, in practice, they are rarely issued.

To our knowledge, there are no preventive measures.

A civil protection order can only be requested by direct victims or a legal representative in the case of children.

Indeed, in the event of violence committed within a couple relationship against a member of this couple and/or a child, only the direct victim and the Public Prosecutor's Office with the direct victim's consent can file a request for a civil protection order (Article 515-9 of the French Civil Code).

Under French law, minor children are not legally permitted to exercise their rights in civil court.

Therefore, in the event of violence committed against a child by one of the members of the couple, the other parent or the Public Prosecutor's Office with a parent's consent can apply to the judge in order to obtain a civil protection order.

In the absence of reaction of the parents, the Public Prosecutor's Office, contacted by a relative or a third party, can refer the matter to the family court as a matter of urgency.

In addition, depending on the degree of maturity of the child, which is determined on a case-by-case basis by the judge, the child can be heard by the judge.

The procedure for applying for a civil protection order is an oral and adversarial procedure.

When rendering a civil protection order, the judge may prohibit the defendant from meeting and contacting specially designated persons, including members of the victim's family. 

Civil protection orders are issued for a maximum period of six months from the date of notification of the order. The duration of the civil protection order is generally indicated in the decision.

A civil protection order can only be extended beyond this period if, in the course of the initial six months, a petition for divorce or legal separation (séparation de corps) or a petition relating to the exercise of parental authority has been filed with the family court (Article 515-12 of the French Civil Code).

If no petition has been filed, the victim has no other choice than to reapply for a new civil protection order at the end of the six-month period.

Please also note that the family court judge may, at any time, at the request of the Public Prosecutor's Office or of any of the parties, or after having carried out any useful investigative measure, and after inviting each of them to express their views, withdraw or modify all or some of the measures set out in the civil protection order, decide on new ones, grant the defendant a temporary dispensation from complying with some of the obligations imposed on him or her, or revoke the civil protection order.

N/A

A person applying for a civil protection order must file a request with the family court (Article 1136-3 of the French Civil Procedure Code). Such request must provide for:

• identity information of the victim; the address of the lawyer of the victim can be indicated for security reasons in the document
• identity information of the person being accused of the violence
• details on the family situation (married or no, children, etc.)
• reasons for applying for this civil protection order

The acts of violence alleged against the defendant must be detailed in the request with information such as:

• if children are concerned
• the nature of the violence: physical and/or moral
• their repetition
• their gravity
• their immediate and persistent consequences
• how they endanger the requesting party or children

In practice, the applicant must evidence the alleged facts with elements, such as:

• medical certificates
• certificates from witnesses
• previous complaints, correspondence or other written evidence
• any other element that may contribute to making these statements plausible

Yes. The procedure for applying for a civil protection order is an oral and adversarial procedure. However, the judge may convene and hear the parties separately in order to avoid contact between the parties (Article 515-10 of the French Civil Code).

The parties can defend themselves or be assisted by a lawyer during this hearing.

No. The civil protection order is a temporary decision.

However, failure to comply with the obligation or prohibition provided by the order is punishable by two years' imprisonment and a fine of EUR 15,000 (Article 227-4-2 of the French Criminal Code).

Yes. Under French law, the statute of limitations for civil claims is five years. The statute of limitations to introduce a criminal claim for violence committed within a couple is six years.

In addition, note that the civil protection order may be appealed within 15 days of its notification (Article 1136-11 of the French Civil Procedure Code).

The civil protection order is intended to be an emergency measure. However, the delay to obtain such order is publicly criticized. As stated above, the Grenelle Law sets a maximum of six days, as of the setting of the hearing date, for the family court to issue a civil protection order.^[40] It is now the period necessary for fixing the hearing that is problematic, as it can last several weeks or even months.^[41]

Note that in the event of a real threat of forced marriage (i.e., a person being sent by force to another country to be married), the judge can render an official prohibition from leaving the country in a shorter timing.

The judge rules on the basis of the evidence produced before him/her and debated in an adversarial manner.

Under French law, minor children are not legally allowed to exercise their rights in civil court. Aside from this exception, there are no age limits to apply for a civil protection order.

Under French law, when a felony or an offence is perpetrated, the public prosecution process is initiated subject to certain conditions.

In parallel, the victim of such felony or offence may initiate a civil claim before civil courts or criminal courts. Such a civil claim covers compensation for the loss and harm suffered. If a person is convicted, the latter will be required to pay damages to the victim by a civil or a criminal court. Subject to certain conditions, the victim chooses whether the civil claim is made before civil or criminal courts. Such a choice is irrevocable.

The compensation may cover the following damages:

• temporary economic loss resulting from loss of professional earnings, miscellaneous expenses borne by the victim in relation to the injury (household care, assistance of a doctor in the course of medical examinations, transportation costs attributable to the accident, etc.)
• permanent economic loss such as future health expenses, housing costs, vehicle expenses or future professional earnings loss
• temporary personal injuries such as temporary functional harm, pain and temporary aesthetic damage
• permanent personal injuries such as permanent functional impairment, permanent damage to aesthetics and sexual prejudice
• the evolutionary personal harm such as the evolutionary pathologies

Please refer to question 1 above. 

In criminal proceedings,^[42] if the victim has disclosed the existence of a weapon (of any kind) in the family home, the level of danger of the weapon and the seriousness of the facts will determine whether a seizure should be ordered.

If the victim of domestic violence presents himself/herself at the police station to hand over a weapon held by his/her spouse or partner, the investigators must retain the weapon.