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You have rights: the law protects you and your children
The first thing that every woman who is a victim of domestic violence should know is that no violence is justified or justifiable. All forms of violence, including psychological abuse and manipulation, are recognised as violence by law.
The law provides for the woman to be listened to, oriented and guided. It also provides for sanctions, follow-up or care for violent partners.
Need advice on your situation? Find legal information here:
I am a victim: what are my rights? what legal steps should I take?
Before taking any action and to make your statements more accurate, you may decide to take a step back and assess or have your situation assessed. We tell you more:
Filing a main courante
You can file a main courante at any police station or gendarmerie in the country.
The particularities of filing a main courante:
- The main courante does not allow prosecution of the perpetrator. It is a simple statement of the facts: it serves to report the nature and date of the facts to the police. This can be useful in a future trial.
- The perpetrator will not be aware of your main courante and will be summoned.
- Caution: if the facts revealed in a main courante are serious, the police can inform the public prosecutor to initiate criminal proceedings against the alleged perpetrator.
Filing a complaint
In case of violence, you have 6 years to file a complaint.
- You must either go in person to a police station of your choice or send your complaint by recorded letter to the public prosecutor.
- The police services are obligated to take your complaint, even if the offence was not committed in their district and even if you cannot provide any evidence to support your statements.
- If the police refuse your complaint, opt for a recorded letter to the public prosecutor or go to another police station.
- Any complaint filed must be recorded in a report and a copy of this report must be given to you.
- The complaint will in principle trigger a criminal investigation. The criminal judge may, therefore, if they deem it necessary, take immediate protective measures, such as:
- a restraining order for the perpetrator to meet or approach you;
- prohibiting the perpetrator from visiting certain places;
- concealing your address and place of residence from the police;
- the allocation of a protective telephone that will enable you to alert the security forces in the event of danger;
- the obligation to follow up the violent partner;
- placing the violent partner in pre-trial detention.
Filing for divorce
- Domestic violence constitutes a “serious or repeated violation of the obligations of marriage, making it intolerable to continue living together”;
- Since situations of conjugal violence imply a bad understanding between the spouses, you will not be able to divorce by mutual consent
Caution: you will have to apply for a divorce on the grounds of fault and provide evidence of the violence suffered; - You need to gather all possible evidence of the domestic violence of which you were a victim: photographs, audio or video recordings, testimonies, attestations, medical opinions and certificates, etc.;
- The divorce procedure requires the service of a lawyer. The costs of the divorce may be covered.
Protective measures to know about
The restraining order:
- Aims to prevent the perpetrator of violence from approaching you and your children;
- Can be obtained after consulting the family court judge competent for your area;
- Can be obtained even if you have not filed a complaint and even if you do not live with the perpetrator (if it is a violent or threatening ex-partner for example);
- Is usually issued within 6 days of the date of the hearing;
- Entitles you to free legal representation.
In the context of the restraining order, the judge may provisionally grant:
- the allocation of housing to the victim, except in special circumstances;
- a restraining order prohibiting the perpetrator from contacting you;
- a ban on holding or possessing a weapon;
- authorization to conceal your address and to take up residence with a lawyer, the public prosecutor or a qualified legal person (associations).
The judge may also take provisional measures concerning the custody and parental authority:
- He can set terms for the custody of the children, the contribution to the support and education of the children;
- He can order a ban on children leaving the country.
The anti-close-up bracelet
- prevents your abusive partner or ex-partner from having physical contact with you;
- allows to geolocate your partner or ex-partner;
- allows you to be alerted when your partner or ex-partner approaches you;
- warns the abusive partner or ex-partner that they are in breach of the law and that law enforcement will take action if they continue to approach you.
High-danger telephone
- connects you directly to a specialised platform in case of danger
- alerts the police if necessary
- geolocate you if you agree to it
- is allocated for 6 months, renewable after a request directly to the public prosecutor’s office or the police services
Foreign nationals: you have rights on French soil
The law protects all persons on French territory, regardless of their nationality and whether they are legal residents or not.
If you are a foreign national on French soil, you can:
- consult doctors, social workers or an association specialising in foreigners’ rights to talk about it, get information or be helped with your procedures;
- file a complaint even if you do not have a residence permit;
- request a restraining order;
- warn of the risk of abduction and oppose the departure of your children from the country: either as a matter of urgency, at the prefecture or the police station (in this case, the opposition to the departure from the country will only be valid for 15 days), or make a request to the family affairs judge.
If you have a restraining order: the issuance or renewal of your residence permit will become automatic and you will be exempt from the related fees and taxes.
French nationals: you have rights even abroad
In the case of violence while living or travelling abroad, you can return to France:
- contact the French consulate if your papers have been stolen or confiscated by your violent partner or ex-partner to obtain a “laissez-passer”.
We help you with the process
Women victims of violence need to be supported in their efforts to break the silence and free themselves from the grip of a violent partner or ex-partner.
The association SOS Femmes Solidarité 67 is committed to providing this support to the women victims who contact it, relying on a network of professional partners (including jurists and lawyers) and its competent employees.
We listen and support you to:
- make decisions;
- take all the steps mentioned above: filing a main courante, requesting a restraining order, filing a complaint;
- asserting your rights and obtaining assistance: entitlement to unemployment benefit, assistance in leaving the family home with the children, help in finding accomodation;
- filing for divorce.
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