The state and municipal police and the “gendarmerie” are law enforcement institutions which are entitled to react to domestic violence cases if a person’s safety, health or life is endangered.
If the victim decides to file a complaint, the police will investigate and then forward the complaint to the public prosecutor who will take charge of the case and decide how to proceed. In France, protective measures to ensure the safety of victims from further attacks by the perpetrator can be decided by the prosecutor and the judge, but not by the police.
It is important to recognize that domestic violence is not just a “family conflict” or “an argument” but is a serious violation of a person’s right to safety and physical and psychological integrity. Victims of domestic violence do not forfeit those human rights by commencing relationships with their partners or spouses. Therefore, the State has an obligation to protect victims of domestic violence and to treat domestic abuse as a criminal offence.
The police have a legal obligation to respond to domestic violence cases. Therefore, if you are a victim of domestic violence and your safety, health or life is endangered, you have the right to call the police (112 or 17) for your protection. In fact, police officers are the first to respond in most domestic violence cases. Whether the facts are old or recent, police officers and “gendarmes” have the obligation to register your complaint, even if you do not have a medical certificate proving that the domestic violence occurred.
If you do not wish to call the police or cannot do so by fear of danger, you can report a case of domestic violence to the police or “gendarmerie” of your situation directly on the internet through an online procedure available everyday 24h/24.
Who can call the police?
There might be situations during a domestic assault where the victim does not have an opportunity to call the police. Many victims of domestic violence report that as soon as they pick up the phone to call the police, the perpetrator takes their phone away, or the victim of domestic violence may be too scared to turn to the police because of intimidation by the perpetrator.
important The call and report can also be made after the physical violence has occurred and when the victim has a chance to turn for help.
The call to the police does not need to be made by the victims themselves. It can be made by any witness of the domestic violence, e.g., neighbours who have heard the assault or a child who is a witness to domestic violence and therefore also a victim him/herself. There are cases where the victim of domestic assault does not have an opportunity to make a direct call to 112 or 17, but can send a message to a friend or other family member, who can then call the police and report the assault, to which the police then have an obligation to respond.
A child also has the right to make a phone call when he/she is a direct victim of physical, sexual or other type of violence. There is no requirement for the representation of a legal guardian for a child to call 112 or 17 and the police should respond to that call.
If the domestic violence is witnessed by or brought to the attention of a civil servant who works in a public service (school or hospital for example), this person will have to inform the public prosecutor of it. Indeed, public authorities and civil servants who, in the course of their work duties, become aware of a crime or misdemeanour, are required to notify that information to the public prosecutor without delay.
Obligations of the police
After the call has been made, the police have an obligation to attend the scene if there is an immediate danger. Indeed, French law states that when the circumstances so require, police officers and “gendarmes” must intervene on their own initiative, even if they are not on duty, using the means at their disposal, in particular to assist persons in danger.
If the victim has filed a complaint at the police station or directly to the public prosecutor, the perpetrator may be obliged to leave the couple’s residence and may be forbidden to enter in contact with the victim, up to a maximum period of six months. Such a “separation order” can be issued at any time of the procedure, before the investigation, during the investigation and as a sanction upon conviction. The public prosecutor may, before taking a decision on the prosecution, directly or through a police officer, ask the perpetrator to stay away from the couple’s residence and from the victim. This measure is usually taken when acts of domestic violence are likely to be repeated and when the victim requests it.
Following the complaint, if the police consider the facts to be serious, they may decide to summon the perpetrator of the abuse to question him. Depending on the gravity of the facts, the perpetrator may be summoned:
- To a free suspect hearing (“audition libre”), which allows a person suspected of having committed an offence to be questioned. The person has the right to leave the premises at any time.
- In the most serious case, the perpetrator will be kept in detention or “garde à vue”, which means that he will have to remain at the police station for a period usually between 24 and 48 hours.
Which human rights violations may there be?
Facing the reality that not every police officer is trained on the procedures for performing in domestic violence cases, the risk of a violation of human rights may occur due to the failure of the police to ensure the victim’s safety. For example, the failure of a police officer to distinguish a primary aggressor and a victim or to register the victim’s complaint may result in continued violence against the real victim.
The State must exercise due diligence to prevent, investigate and punish acts of violence against victims in accordance with national legislation, whether those acts are perpetrated by State officials or by private individuals. Police failure to provide an adequate response to domestic violence cases may be considered a failure by the State to ensure safety for victims.
Right to life, the prohibition of inhumane or degrading treatment and the right to private and family life
Operational measures which police must apply to protect a victim and her/his children are a remedy that the State must use to enforce victims’ human rights. If the police fail to adequately respond to a domestic violence situation, it may result in a violation of the right to life, the prohibition of inhumane or degrading treatment and the right to private and family life.
example There is no violation of the right to life in a case where the authorities responded immediately to the applicant’s domestic violence allegations, issued barring and protection orders with no delay or inactivity, accompanied the victim to the family home after she had made the report, took the perpetrator to the police station for questioning and confiscated his keys to the family home.
Prohibition of discrimination
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – the police or "gendarmerie") fails to effectively respond and provide protection to the victims of domestic violence in cases of immediate threats to their lives, freedom or health, it may result in a violation of the prohibition of discrimination in conjunction with a violation of the right to life and/or the prohibition of inhumane or degrading treatment, and the right to private and family life.