However, some women still hesitate to file a complaint and separate from a violent partner.
There is, however, a legal framework in both criminal and civil law that allows for the punishment of these violent men and leaving.
Some useful advice in cases of violence:
- It is advisable to have a certificate of injuries and wounds established either by a forensic doctor or at a hospital and to keep evidence and testimonies of the violence suffered.
- If possible, arrange for accommodation (friends, family, shelter center), or if you have your own resources, file housing applications.
- Gather as many documents as possible: family record book, identity card or residence permit, passport, children’s health and vaccination records, CAF card (or number), health insurance, work certificates, pay slips, last tax notice, important bills, property titles, and all contracts (lease, ongoing loans).
- Go to the police or gendarmerie services to file a report or lodge a complaint. If a married woman victim of violence wishes to leave the marital home, she must report her departure to the nearest police station or gendarmerie to her home.
The victim can then, with the help of a lawyer, apply to the Family Affairs Judge who will issue a non-conciliation order in the divorce with the authorization to reside separately.
To regain her housing and prohibit the dangerous spouse from returning, the Family Affairs Judge must also be seized to file a request with urgent measures within the framework of summary proceedings for violence (Article 220-1 of the Civil Code). This is a recent and very effective procedure, with the judge prohibiting the other spouse from returning and even in cases of serious threats issuing a restraining order against the spouse from the woman and children.
If the woman victim is not married, she can of course leave freely with her children and quickly approach the Family Affairs Judge of the Regional Court of the marital domicile who will determine the children’s primary residence, visitation rights for the other parent, and child support.
