Domestic violence: asking a judge for a protection order
What is this for
A protection order is a decision by the family court judge (JAF) that urgently protects a victim of violence within a couple, even without a police complaint. The judge can ban the abuser from contacting you, decide who keeps the home and organise childcare. For a foreign national, it also gives a right to a residence permit.
Important points
- Warning: Serious and immediate danger: with your consent, the public prosecutor can request an immediate provisional protection order. The judge then decides within 24 hours, without a hearing.
- Good to know: Foreign nationals: with a protection order, you are entitled to a one-year "private and family life" residence card, free of charge (articles L.425-6 and L.425-7 of the immigration code, CESEDA). An association can help you apply.
- Note: You do not need to have filed a police complaint to ask for a protection order.
Steps to follow
Step 1: In immediate danger: call 17 or 112
If you are in danger now, call 17 or 112. If you cannot speak, send a text to 114. 3919 (free, 24/7) listens and advises, but it is not an emergency number.
Step 2: Get help with the application
A victim support association or a lawyer can help you. A lawyer is not compulsory but is recommended. With a low income, legal aid can pay for the lawyer.
Step 3: Fill in the application to the judge
Use the form "Application to the family court judge: issuance of a protection order". Explain what happened and attach all evidence: medical certificates, messages, photos, witness statements, police complaint or report if you have one.
Step 4: Submit the application to the court
Send or bring the application to the family judge's office (greffe) at the court of your home area if you live together or have children together. Otherwise, it is the court of the alleged abuser's home area.
Step 5: Attend the hearing
The court office tells you the hearing date. The hearing must take place within 6 days of that date being set. The judge can hear you separately from the other person.
Step 6: Make sure the order is respected
The measures last 12 months and can be extended. If the abuser does not respect the order, call 17: it is an offence punishable by 3 years in prison and a €45,000 fine.
Documents to prepare
- Application form to the family court judge (protection order)
- Evidence of violence: medical certificates, photos, messages, witness statements
- Copy of the police complaint or report, if you have one
- Identity document
Official links
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