Every year, a woman dies at the hands of her (ex) partner every two and a half days. Thursday, November 25th, was the “International Day for the Elimination of Violence against Women” as designated by the United Nations and is celebrated annually in France. It was an opportunity to reiterate the commitment of public authorities to combat violence against women in all its forms.
The Law of July 9, 2010, concerning violence specifically against women, violence within couples, and the impact on children, aims to fight this scourge more effectively.
Indeed, if there were already provisions for the urgent allocation of the enjoyment of the family home to a spouse who is a victim of domestic violence and their children since the law of May 26, 2004, women living in cohabitation did not benefit from the same protections.
This new reform applies to violence within couples as well as violence perpetrated by a former spouse, a former civil union partner, or a former cohabitant.
Acts endangering one or more children are also taken into account by these provisions.
Thanks to this new measure, a victim of domestic violence can now urgently appeal to the Family Affairs judge to benefit from protective measures.
After hearing the parties, the family affairs judge can issue a “protection order.”
Through this order, the Judge can notably:
- Decide on the separate residence of the spouses by specifying which one will continue to reside in the marital home and the arrangements for handling the associated costs,
- Rule on the modalities of exercising parental authority and, if necessary, on the contribution to the marital expenses for married couples, on material support as per article 515-4 for civil union partners, and on the contribution to the maintenance and education of the children,
- Authorize the victim to conceal their home address or residence and to register domicile with their assisting or representing lawyer or with the public prosecutor at the district court for all civil proceedings in which they are also a party,
- Forbid the opposing party from contacting or meeting certain persons specifically designated by the family affairs judge, and from interacting with them in any way;
Finally, the measures of the protection order are taken for a maximum duration of four months and can be extended beyond this period if, during this time, a divorce or separation request has been filed.
