The electronic anti-approach mobile device («bracelet anti-rapprochement») is designed to protect the victim of domestic violence by preventing their violent partner from coming into physical contact with them.
The electronic anti-approach mobile device prevents the perpetrator from approaching the victim closer than a certain distance. This device enables both parties to be geolocated in order to determine the distance between them. Therefore, if the defendant gets too close to the victim, an alert-system is triggered, and the police can intervene as soon as possible. This system can be used in criminal or civil proceedings, and it is decided by the judge but always with the victim’s consent.
How it works
When deciding to implement the anti-approach device, the judge determines two geographical zones:
- A pre-alert zone, with a radius of 2 to 20 km around the victim: If this zone is crossed by the defendant, this person is contacted by a remote technical operator and asked to change direction.
- An alert-zone, with a radius of 1 to 10 km around the victim: if this zone is crossed by the defendant and they do not respond to calls from the remote technical operator, the latter will contact the police or gendarmerie so that they can ensure the safety of the victim and arrest the defendant.
This device therefore requires the victim to be geolocated 24/7 and this is why their consent is required for the measure to be implemented.
In criminal proceedings
When the victim files a complaint at the police station for a criminal offence punishable by at least 3 years imprisonment committed by their former or actual spouse or partner (registered or not), the police officer must inform the victim that they may request or consent to the use of the anti-approach device.
In criminal proceedings, the decision to wear an anti-approach device may be taken before or after the person suspected of domestic violence has been tried in court.
Before trial, the measure may be taken by the investigating judge (“juge d’instruction”) or by the “liberty and custody judge” (“juge des libertés et de la detention”) as part of the judicial control order.
- This is possible only if the violent partner is suspected of having committed a criminal offence punishable by at least 3 years imprisonment against their current or former spouse or partner.
- The defendant placed under a judicial control order is informed that the anti-approach device cannot be implemented without their consent. However, if the defendant refuses to wear the device, this will constitute a breach of his obligations and may result in his placement in temporary detention (“détention provisoire”). Read more about the judicial control order.
- To implement this measure, the judge must issue an order which explains the reasons for using the device, determines the alert and pre-alert zones and the duration of the measure which may not exceed six months at first.
- The six-month period may be renewed but the total duration of the measure may not exceed two years.
- When determining the alert and pre-alert zones, the judge shall take into account both the victim and the defendant’s rights to a private, family and professional life. The judge must ensure that the use of the device does not hinder the victim’s social integration.
After the judgment, this measure may only be taken if the defendant has been found guilty of the criminal offences committed. In this case, the measure is taken as part of the sentence or as an adjustment to the sentence.
- As part of the sentence, if the perpetrator is sentenced to probation instead of a prison sentence: This is when the court decides that the perpetrator will not go to prison as long as they comply with certain obligations set out in the judgment, either for all or part of their sentence. One of these obligations can be to wear an anti-approach device in cases of domestic violence.
- As an adjustment to the sentence: Wearing the anti-approach device can also be ordered as part of a sentence adjustment, i.e., as an additional measure used to reinforce the obligations imposed on the perpetrator during his sentence. For example, if the perpetrator is sentenced to semi-liberty, home detention under electronic surveillance, conditional release, or socio-judicial monitoring, he may be obliged to wear the device if the other obligations are not sufficient to prevent future violences.
In civil proceedings
In civil proceedings, the decision to wear the anti-approach device may be taken by the family court judge (“juge aux affaires familiales”) to whom the victim has applied for a temporary protection order (“ordonnance de protection”). The judge will take this measure if they consider that the victim is in danger. However, the violent partner must give their consent. If they refuse, the judge may refer the matter to the public prosecutor so that the measure can be taken as part of criminal proceedings instead.