A victim can obtain an order on temporary protection by submitting an application to the civil court, more specifically to the family court judge known as “juge aux affaires familiales”.
How to prepare an application
The application for temporary protection from violence shall be filled out in accordance with the application form and sent to the family court judge competent in the victim’s place of residence. The form for the application can be completed in handwriting. In the application form, the victim will have to choose the measures they want to request from the judge.
No references to relevant laws or other legal reasoning are required in order for a victim to fill out and submit the form, or for the court to accept it and make a decision. Therefore, a victim may fill out the form without legal assistance, which is especially important when there is a need for immediate protection from violence. However, legal counselling is recommended when available, since the application may imply litigation in the future. Victims can apply for legal aid (“aide juridictionnelle”) if they do not have the financial means to receive assistance from a lawyer.
Also, it is not necessary to have filed a criminal complaint with the police beforehand, but it is strongly recommended to do so because the victim will have to demonstrate that the violence endangers them and the children. Indeed, two conditions are required to grant temporary protection: the likelihood of the violence against the victim, and the danger to which the victim and/or their children are exposed. Therefore, filing a complaint with the police beforehand will constitute additional evidence for your application.
Evidence
The application for temporary protection must be accompanied by all the documents needed to demonstrate and prove the victim’s statement about the alleged violence and the danger to which they and/or their children are exposed. An affidavit as a part of the application must be signed, affirming that the facts about the experienced violence stated in the application are true but it is not considered sufficient evidence. Therefore, to get protection from violence, the victim is strongly encouraged to submit any written evidence (e.g., police reports, testimonies from relatives or witnesses, medical certificates, hospital records, photographs of injuries, emails, voice messages, etc.).
Also, if applicable, the victim should attach all existing court decisions regarding the victim and their partner (for example divorce decree, judgments regarding child custody etc.), a copy of the marriage certificate or civil registration certificate (called “PACS” in French), a copy of the children’s birth certificates if the couple has children in common etc. If the victim wishes to make a claim relating to housing in the application, they should also send the lease and rent receipts for their accommodation. All the documents that should be sent are explained in an information sheet from the Ministry of Justice.
It is important that the victim encloses all the documents in their possession to the application because no new evidence can be given at the audience if the defendant is absent.
Where to submit an application
The application must be submitted to the administrative office known as the “greffe du juge” (clerk) of the family court judge of the relevant judicial court (“tribunal judiciaire”) of the area of residence of the family, or the area of residence of the children in common, or the area of residence of the defendant. To find out which court has jurisdiction, the victim can enter their postcode or town in the online directory of judicial courts.
Fees
Victims of domestic violence are exempt from paying the state fee for submitting the application on temporary protection against violence. The legal costs are provided for by the State.
If the victim wishes to hire a lawyer (which is strongly recommended) but does not have sufficient resources to pay for their services, they can apply for legal aid (“aide juridictionnelle”) to cover the costs.
Hearing
When the clerk’s office receives the application, it is forwarded to the family court judge without delay. The judge will then issue an order setting the date of the hearing or “audience”, which must take place as soon as possible and within five days.
The aim of this “audience” is for the judge to hear the victim’s and the defendant’s arguments, observations and ask them questions. Both parties should attend the hearing or be represented by a lawyer. However, the protection order may be issued despite the absence of the defendant or lawyer at the hearing. The victim may ask the judge to hear the case separately, not in the same room as the defendant. This is known as a separate hearing which can be requested when submitting the application to the clerk.
Appeal
Where the court dismissed the application for interim protection or upheld it in part, the applicant (the victim) may appeal the decision within 15 days of the date when the decision was issued. If the court accepted the application and issued an order on temporary protection, the defendant may appeal the decision, also within 15 days. The appeal shall be submitted to the court of appeal.
If the judge rejects the application for a protection order, they may still refer the parties to another hearing for a decision on the exercise of child custody and the financial contribution of the parents to the maintenance and education of the children they have in common. This is possible if the situation is urgent and if one of the parties has requested it.
The rejection of the application for temporary protection does not preclude the victim from re-applying to the court for interim protection if the threat from abuser is still existent or if the victim wishes to request new measures that had not been asked for in the first application. This second application should be made under the same conditions as the initial one. This rules also applies to applications aiming to revoke or modify the protection order, or to temporarily dispense the defendant from certain of its obligations. However, if an appeal has been lodged against the initial application, the following applications should be addressed to the registry (“greffe”) of the court of appeal instead of the family court judge.