A court order on temporary protection against violence provides a number of protection remedies to ensure a victim’s safety. The purpose of this protection order is to provide urgent protection for the victim of domestic violence and their children and to help them get out of the violent situation.
One or more of the following preventive measures against violence may be granted by the court:
- An obligation for the perpetrator/defendant to leave the couple’s house and a prohibition on returning or staying in the housing
- A prohibition on the perpetrator/defendant from being closer to the victim’s home than the distance specified by the court
- A prohibition on the perpetrator/defendant from being at places specified in the court decision. These are places in which the victim is often present (local grocery shop, school, workplace etc.)
- A prohibition on the perpetrator/defendant from meeting or having physical or visual contact with the victim/claimant or any other specific persons mentioned in the court decision.
- A prohibition on the perpetrator/defendant from possessing or carrying a weapon
- A prohibition on the perpetrator/defendant from communicating with the victim/claimant by any means
- A prohibition on the perpetrator/defendant from using the personal data of the victim/claimant
- An offer to the perpetrator/defendant for healthcare/social or psychological care, or a training course to prevent and fight against gender-based violence.
- A decision on the separate residence of the spouses/partners: the victim is usually awarded the right to use the marital home, even if they have been given emergency accommodation. The costs of the accommodation may be borne by the perpetrator.
- A decision on the exercise of child custody, on visiting and accommodation rights relative to children, on financial assistance within the family, on the partners’ contributions to maintenance and education of the children.
- A decision on temporary admission to legal aid for both parties or for one of them.
- Other prohibitions and obligations on the perpetrator/defendant as specified by the court in its decision
In the case of temporary protection against violence, the protection of the victim’s rights to life, physical and psychological integrity prevail over the property rights of the perpetrator. Therefore, the perpetrator of domestic violence may be ordered to leave and prohibited from returning to their housing, even if they own that property or if that residence is their declared address.
The judge may also order, after obtaining the consent of both parties, that each of them wear a mobile electronic anti-approach device (“bracelet anti-rapprochement”) which prevents the perpetrator from approaching the victim closer than a certain distance. This device enables both parties to be geolocated. Therefore, if the defendant approaches the victim too close, an alert-system is triggered, and the police can intervene as soon as possible. This system can be used in criminal or civil proceedings.
If the perpetrator refuses to wear this device, the judge may refer the matter to the public prosecutor so that the measure can be taken in the context of criminal proceedings instead.