The problem of domestic violence in France

The problem of domestic violence remains a pressing issue for women who find themselves in France. French law prohibits and condemns violence both within and outside of marriage, and protects everyone living in France, regardless of their nationality and whether they are legally present in France or not.

By the term domestic (family) violence, the legislator means any form of violence during one of the following types of cohabitation: marriage, civil union (pacte civil de solidarité (PACS)) and cohabitation.

On July 9, 2010, France adopted the Law on Violence Against Women, Domestic Violence and the Effects of Such Violence on Children. This law created a mechanism for a restraining order against the abuser (ordonnance de protection).

According to Articles 515-9, 515-13, paragraph 1 of the French Civil Code, in the event of violence, physical or moral, the court may, in an emergency, upon the application of the victim of violence, issue an order (injunction) prohibiting the other spouse (cohabitant) from approaching the victim. This measure of protection applies to both the woman and her children.

A woman who has suffered from domestic violence must apply to the court at her place of residence (Tribunal de Grande Instance). The application is filed under an accelerated procedure (référé) if urgent protection measures are required.

If the judge is convinced that violence is taking place, he/she issues a protection order/prohibition to approach the woman and determines with whom the children can stay, who will use the home and what financial obligations will be imposed on the man.

Usually, in most cases (especially when there are children), the court orders the offender to leave the home for the duration of the order, regardless of whether he is the owner or the tenant.

If the woman has no income, the latter will be responsible for paying for the housing. The court will also order the payment of monthly financial assistance, and if there are children, an additional amount for their maintenance. In case of non-compliance with the requirements specified in the protection order, the French Criminal Code (Articles 227-4-2; 227-4-3) provides for a fine of up to EUR 1,000 and imprisonment of up to 2 years.

According to the provisions of Articles 511-12 of the Civil Code, temporary protection is limited to a period of 6 months and may be extended in exceptional cases. This procedure can be applied both before and after the start of divorce proceedings or the filing of a complaint (statement) about violence with the police.

At the same time, France provides women who have suffered from domestic violence with various assistance (for housing, for children, unemployment benefits if the woman had no income). To do this, she needs to apply to the Social Security Fund (Caisse d'Allocations Familiales). Victims also have the right to receive public housing out of turn.

What should you pay attention to if the victim cannot stay under the same roof as her husband?

First of all, you need to contact the police and write a statement in which you need to indicate the reason for leaving the home. In this way, the victim will be able to protect herself in case the husband files a complaint of child abduction (soustraction de mineur or non representation denfant).

It is also recommended that you consult a professional before taking any action. There are many associations throughout France that provide assistance to women victims of domestic violence. If you contact them, you will be provided with free legal aid and, if necessary, a free lawyer to represent you in court. You can always ask social workers for the addresses and phone numbers of organizations.

Another important point is a woman's right to extend her residence permit.

According to Art. 316-3 of the Code of Laws on the Entry and Residence of Foreigners and the Right to Asylum, if there is a protection order, the prefecture is obliged to issue (or extend) a residence permit.

If you do not have a protection order, your residence permit may be automatically extended in two cases: when you came to France under the Family Reunification program (regroupement familialle) or as the spouse of a French citizen. In other cases, in the absence of a protection order, the decision to issue/extend a residence permit is at the discretion of the prefectural administration.

If you are not married, but your child has French nationality, you are also eligible for a residence permit extension, even if you have separated from your spouse.

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