French Civil Code
In forceThe protection order is issued by the family affairs judge, within a maximum of six days from the date set for the hearing, if he or she considers, on the basis of the evidence presented before him or her and discussed in the presence of both parties, that there are serious grounds for considering it likely that the alleged acts of violence have been committed and that the victim or one or more children are in danger. On the occasion of its issue, after having heard the parties' observations on each of the following measures, the family affairs judge has jurisdiction to:
1° Prohibit the defendant from receiving or meeting certain persons specially designated by the family affairs judge, as well as entering into relations with them in any way whatsoever;
1° bis Prohibit the defendant from going to certain places specially designated by the family affairs judge in which the plaintiff is habitually present;
2° Prohibit the defendant from possessing or carrying a weapon; Where the protection order issues the measure provided for in 1°, the decision not to prohibit the possession or carrying of a weapon shall be specially reasoned;
2° bis Order the defendant to hand over the weapons in his possession to the police or gendarmerie service closest to his place of residence;
2° ter Offer the defendant health, social or psychological care or a responsibility training course to prevent and combat domestic and gender-based violence. If the defendant refuses, the family court will immediately notify the public prosecutor;
3° Rule on the separate residence of the spouses. Unless there is a specially reasoned order based on particular circumstances, the spouse who is not the perpetrator of the violence is awarded the right to use the marital home, even if he or she has been given emergency accommodation. In this case, the costs incurred may be borne by the violent spouse;
4° To rule on the joint accommodation of partners bound by a civil solidarity pact or cohabitees. The enjoyment of shared accommodation is awarded, unless a specially reasoned order is justified by particular circumstances, to the partner bound by a civil solidarity pact or to the cohabiting partner who is not the perpetrator of the violence, even if he or she has benefited from emergency accommodation. In this case, the related costs may be borne by the violent partner or cohabitee ;
5° Ruling on the arrangements for exercising parental authority and, within the meaning of article 373-2-9, on the arrangements for visiting and accommodation rights, as well as, where applicable, on the contribution to the costs of the marriage for married couples, on material assistance within the meaning of article 515-4 for partners in a civil solidarity pact and on the contribution to the upkeep and education of the children; When the protection order issues the measure provided for in 1° of this article, the decision not to order the exercise of visiting rights in a designated meeting place or in the presence of a trusted third party shall be specially reasoned;
6° Authorise the plaintiff to conceal his or her domicile or residence and to elect domicile with the lawyer who assists or represents him or her or with the public prosecutor at the judicial court for all civil proceedings in which he or she is also a party. If, for the purposes of the enforcement of a court decision, the bailiff responsible for such enforcement needs to know the address of this person, it shall be communicated to him, without him being able to reveal it to his principal...;
6° bis Authorise the plaintiff to conceal his domicile or residence and to elect domicile for the needs of everyday life with a qualified legal person;
7° Pronounce the provisional admission to legal aid of both parties or of one of them pursuant to the first paragraph of Article 20 of Law no. 91-647 of 10 July 1991 relating to legal aid.
Where applicable, the judge presents the requesting party with a list of qualified legal entities likely to accompany him/her throughout the duration of the protection order. The judge may, with the consent of the requesting party, forward the requesting party's contact details to the qualified legal entity.
When the judge issues a protection order, he or she will immediately inform the public prosecutor, to whom he or she will also report any violence likely to endanger one or more children.
