Asking a judge to prevent an ex-partner from approaching you

The measures that can be taken by the judge as part of an “ordonnance de protection” concern many aspects of your safety, including:

• your physical security, for example:
  • the perpetrator of the abuse will be banned from contacting you, banned from going to your home and certain places where you usually go, and even banned from carrying a weapon
  • In the most severe cases of domestic abuse, the judge may ask the perpetrator of the abuse to wear an electronic device called a “bracelet anti-rapprochement”, or anti-approach tag, which will alert the police as soon as the perpetrator comes near you
• your home, for example:
  • you can ask for the family home to be allocated to you and the perpetrator of the abuse to be evicted, even if the home is in their name
  • if you move house, you can ask the judge for your new address to be concealed so that the perpetrator of the abuse is not aware of it
• your financial resources, for example:
  • the perpetrator of the abuse may have to pay you a financial contribution if you are married
• child custody arrangements, for example:
  • you can ask the judge to grant you exclusive rights and duties towards your children, known as exclusive parental authority or “autorité parentale exclusive”
  • the judge may also decide to suspend the perpetrator’s visitation rights or arrange their visits to ensure professionals as present, known as “visites médiatisées” or supervised visits
• a court ordered psychological intervention for the perpetrator of the abuse.

These measures are generally valid for six months, after which they can be renewed.

However, if you send a request to the family court judge known as the “juge aux affaires familiales (JAF)” for a divorce and/or to arrange child custody of your children before the end of the six months, the measures will be automatically extended until the next decision from the judge.

Although it is not compulsory, it is strongly recommended that you hire a lawyer specialising in domestic abuse. They will be able to help you complete and submit the application for an “ordonnance de protection”.

If your resources are too limited to pay for their services, you can apply for legal aid or “aide juridictionnelle” to cover the costs, even if you do not have residency rights.

To make the application for an “ordonnance de protection” with “aide juridictionnelle”:

• Try to find a lawyer who will agree to take on your case under “aide juridictionnelle” in an emergency. They can help you complete and file applications for an “ordonnance de protection” and “aide juridictionnelle” at the same time.
• If you can’t find a lawyer, try to find an organisation that offers free services known as an “association” that can help you complete and submit the applications. You may request that a lawyer be appointed to you by the court when you complete the application form for legal aid. Tick the box “avocat” (lawyer) after “Vous n’avez pas choisi d’auxiliaire de justice et vous demandez la désignation d’un ou de plusieurs professionnels du droit” (You have not chosen a court assistant and you request the appointment of one or more legal professionals).
• When filling in this part of the form, make sure that you also check the “huissier” (legal officer) box to ensure that the services of the justice system officer known as the “huissier de justice”, who will be responsible for serving the order of the judge to the perpetrator of the violence, are covered by legal aid.
• File the two applications for the “ordonnance de protection” and “aide juridictionnelle” at the same time. As the “aide juridictionnelle” procedure is specific to this context, you could obtain it immediately without the usual delays.

The application is made directly to the family court judge known as the “juge aux affaires familiales (JAF)”.

The process may seem complicated, but you will get there. You can follow these steps:

• Try to gather as much evidence as possible to demonstrate the abuse and the danger it poses to you and/or your children.
• Complete the application form and choose the measures you want to request from the judge.
• Make three copies of the application form, including one for you.
• Submit two copies of the application directly to the administrative office known as the “greffe” (clerk) of the family court judge or “juge aux affaires familiales”:
  • You can use this directory to find their contact details by entering your postcode and selecting “tribunal judiciaire”.
  • Call the court to find out the opening hours of the “greffe” and when the judge is available. You can usually turn up during these hours without an appointment. Check this with them during your call.
• The judge will give you an appointment at the court known as a hearing or “audience”, within five days of your application being submitted, so they can hear your arguments as well as the arguments of the perpetrator of the abuse, who is known as the “défendeur”, or defendant.
  • If you do not speak French, notify the “greffe” (clerk) when you submit your application so that they can arrange for an interpreter to be present at the “audience”. Some courts may ask you to pay for this service, but in this case it may be covered by “aide juridictionnelle”, or legal aid, if you have requested it.
  • You can also ask the judge to arrange separate appointments if you are afraid of being in the presence of the perpetrator of the abuse. This is known as a separate hearing or “audition séparée”. You can request this with the “greffe” (clerk) when you submit the application.
• The judge will give you a document known as a “permis de citer” specifying the date, time and location of the hearing or “audience”.

The document known as the “permis de citer” specifying the date, time and location of the “audience” must be given to the perpetrator of the abuse within 48 hours by a justice system officer known as a “huissier de justice”. To do this:

• You can contact a “huissier” at the perpetrator’s place of residence by searching this directory.
• This service is subject to fees, but can be covered by legal aid or “aide juridictionnelle” and if you ticked the “huissier” box when submitting the legal aid application.
• If you cannot pay these costs and you are not receiving legal aid or “aide juridictionnelle”, you can ask the “greffe”, or clerk, to inform the perpetrator of the abuse when you submit your application in person. Unfortunately, some courts do not yet offer this option.

If the perpetrator of the abuse has received the “permis de citer” in time but does not come to the appointment set by the judge, the judge may still continue the proceedings without them being present.

It is strongly recommended that you attend this meeting with the judge, but you can choose to be represented by your lawyer.

Your lawyer will be able to give you advice on how this meeting at court will unfold and how you can best prepare for it.

If you have not requested a separate hearing or “audition séparée” but you are afraid to see the perpetrator of the abuse, notify your lawyer so that they can accompany you from the moment you arrive at the court until the moment you leave.

If you requested an interpreter to be present when you submitted the application, your lawyer will be able to ensure that the interpreter is present at the beginning of the “audience”.

The judge will make a decision within 24 hours, i.e. a maximum of six days after your application was submitted. You will be notified of their decision in one of two ways:

• If you have a lawyer, you will be notified through your lawyer.
• If you do not have a lawyer, unfortunately you must call the court after this period to find out the judge’s decision. To find their contact details, you can use this directory by entering your postcode and selecting “tribunal judiciaire”.

If the judge rejects your application, you can challenge this decision by lodging an appeal or “appel”, with the help of your lawyer.

If the perpetrator of the violence approaches you when an “ordonnance de protection” has been put in place by the judge, you will need to file a complaint immediately.

A public prosecutor known as the “procureur de la République” may decide to place them in temporary detention.

To obtain a “Téléphone Grave Danger” (serious danger phone):

• you need to speak a basic level of French
• you must no longer be living with the perpetrator of the abuse nor approach them
• the perpetrator of the abuse must have already had an order from a judge prohibiting them from contacting you, which they have not respected.

Unfortunately, you cannot make the request yourself.

The danger you face must be reported by the police, a lawyer or an organisation offering free services, known as an “association”. The report can be made:

• to a public prosecutor known as “procureur de la République”, who will then request an evaluation report called a social investigation or “enquête sociale” from the organisation responsible for managing the “Téléphone Grave Danger” in your department
• or directly to the organisation responsible for managing the “Téléphone Grave Danger” in your department.

Once a report has been made, the following will happen:

• The organisation will contact you by telephone to arrange an appointment as soon as possible. They will not necessarily mention the “Téléphone Grave Danger” but will point out that this meeting aims to assess your situation in order to consider the implementation of protective measures.
• The organisation usually has 48 hours to draw up the evaluation report and send it to the “procureur de la République”. Unfortunately, however, in some departments, this can take up to several weeks.
• The “procureur de la République” will then assess whether it is necessary to assign you a “Téléphone Grave Danger” based on the level of danger estimated by the assessment report.

You will be notified promptly whether or not the phone will be assigned to you by the organisation responsible for managing the “Téléphone Grave Danger”. Depending on the situation, they may notify you by telephone, email or post. They will then provide you with information on the next steps:

• If your application is accepted, the phone will be given to you in person at court. You will be accompanied by the organisation responsible for managing the “Téléphone Grave Danger” to collect it.
• If the judge refuses your application, you can challenge this decision by lodging an appeal or “appel”, with the help of your lawyer.

Any person who receives a “Téléphone Grave Danger”, or serious danger phone, is automatically assigned social housing if they request it.

The perpetrator of the abuse must comply with certain prohibitions and obligations decided by the judge, for example:

• limiting their movements and being required to notify the judge in the event that they travel outside of these limits
• moving out of the family home
• giving their identity documents to the judge, in particular their passport, in order to stop them leaving the country
• receiving socio-educational and/or medical support.

Unfortunately, you cannot request these protective measures yourself. This is something only the judge can decide to put in place.

If a “contrôle judiciaire” is put in place, you will unfortunately not be necessarily informed. You can call the court or ask your lawyer to do so to ask if this measure has been put in place. To find the court’s contact details, you can use this directory by entering your postcode and selecting “tribunal judiciaire”.

If the perpetrator of the abuse approaches you when they have been prohibited from doing so by the judge, you will need to file a complaint immediately. The judge may decide to place them in prison until the trial, known as “détention provisoire”, or temporary detention.