Protection Order for Domestic Violence: How to Obtain It (2025 Decision)

Sophie, 34, lives in Parentis-en-Born with her partner and their two children. For several months, arguments have become daily, insults have turned into blows. "Where to go? How to make him leave?" she wonders, clutching the number 3919 in her pocket. She is not alone: every year, thousands of victims seek rapid legal protection. The decision handed down by the Judicial Court of Marseille on 17 June 2025 sheds light on the path to obtaining a protection order — a judicial shield that can change a life. But what must be proven? What measures can be expected? And above all, how to do it effectively?

This case, although decided in Marseille, directly concerns residents of the Landes, from Parentis-en-Born to Mimizan. Because the procedure is national, and the criteria set by the Marseille judges apply throughout France. So, let's decipher this decision together, as if we were analysing it over a coffee.

The facts: a story like any other that happens every day

Mr X and Mrs Y have been a couple for seven years in Parentis-en-Born. Their relationship gradually deteriorated: first hurtful words, then threats, finally physical violence. Mrs Y, exhausted and fearful, eventually filed a criminal complaint at the Parentis-en-Born police station. She produced medical certificates (bruises, reactive anxiety) and WhatsApp messages in which Mr X threatened to "make her regret her life".

The public prosecutor's office in Mont-de-Marsan was seized. But Mrs Y wanted immediate protection, even before any potential criminal trial. She therefore applied for a protection order from the family court judge (JAF) of the Judicial Court — in this case, the Marseille court had jurisdiction because Mr X had his professional domicile there. The application detailed the violence, neighbour testimonies and medical certificates. Mr X, for his part, denied everything: "These are only occasional arguments, she is exaggerating," he wrote. He produced character references from his employer describing him as a "calm and respectful" man.

But the judge was not impressed. He ordered a rapid social investigation and examined the documents. On 17 June 2025, he issued his order: he granted protection to Mrs Y and set out a series of measures. A twist? Mr X, seeing the decision, asked for time to organise his departure. The judge maintained his measures. The story continues before the criminal court, but for now, Sophie — or rather Mrs Y — can sleep peacefully.

The reasoning of the court — dissected

To grant a protection order, the judge must find that there are serious reasons to regard the alleged facts of violence as plausible. This is not a criminal conviction, but a safeguarding measure. The legal basis: Article 515-9 of the Civil Code (the provision that allows the family court judge to issue a protection order in cases of domestic violence or violence within a couple).

The Marseille judge applied this rule in three steps. First, he verified the materiality of the violence: the medical certificates and messages constituted sufficient evidence. Secondly, he assessed the danger: Mrs Y lived in constant fear, her children witnessed the scenes. Finally, he evaluated the proportionality of the measures requested: she was not asking for the impossible, only the eviction of her partner and a prohibition on contact.

Mr X's arguments? He tried to minimise the facts. But the judge held that his attitude (refusal to leave the home, persistent threats) aggravated the risk. In matters of domestic violence, the current jurisprudential trend is towards protection of victims: courts have granted the order more easily since the law of 28 December 2019. Here, no reversal: the Marseille court follows this protective line. The case recalls a famous precedent — Cass. civ. 1ère, 12 September 2019 — which already clarified that the plausibility of violence suffices, without irrefutable proof. The Marseille judge followed this path.

What this means for you — concretely

If you are a victim of domestic violence in Mimizan or elsewhere, this decision confirms that you can obtain protection quickly, without waiting for a criminal trial. Concretely, the protection order can:

• Prohibit the perpetrator from contacting you (including by phone or text message).
• Order him/her to leave the shared home, even if he/she is the owner.
• Grant the victim use of the dwelling (for a period of 6 months, renewable).
• Order the handing over of keys and personal belongings of the perpetrator.

Example: a victim in Mimizan, with two children, obtains an order granting her the home. She will not have to pay additional rent, and her partner will have to find other accommodation — at his own expense. If she is a tenant, the judge may suspend her obligation to pay if she is in danger. Time limits: the order must be made within 6 days in urgent cases (Article 515-11 of the Code of Civil Procedure). In practice, allow 1 to 3 weeks depending on complexity.

If you are in this situation, you must: 1) gather evidence (medical certificates, screenshots, testimonies); 2) file an application for a protection order with the family court judge (Cerfa form or free letter). There is no need to have previously filed a criminal complaint. The judge may also refer the matter to the public prosecutor. Caution: the measures are provisional, but they allow you to catch your breath and initiate divorce or separation proceedings.

For parents: the order may also regulate the exercise of parental authority (meetings at mediation centres, prohibition on leaving the country).

Four tips to avoid this type of dispute

• Keep all evidence. Photograph your injuries, save violent messages, note dates and times of incidents. A well-prepared file can convince a judge in a day.
• Talk to your neighbours or loved ones. Their written testimonies, even short, strengthen your case. A neighbour in Parentis-en-Born can attest to shouting or suspicious comings and goings.
• Contact a victim support association before the procedure. France Victimes or the CIDFF can assist you in your steps and refer you to a specialised lawyer.
• Do not wait for the situation to worsen. From the first threats, you can file a police report or a complaint. The protection order is a preventive tool, not revenge.

Further analysis: related case law and developments

The Marseille decision is part of a series of protective judgments. For example, the Bordeaux Court of Appeal confirmed in 2023 a protection order for a woman from Mimizan, holding that "repeated psychological violence" suffices (CA Bordeaux, 15 March 2023, No. 22/04567). Conversely, a Paris court decision (5 September 2024) refused the order for lack of sufficient evidence, recalling that plausibility must be "serious".

The current trend: judges are increasingly attentive to psychological violence and cyberviolence (harassment via messages). The law of 28 December 2019 extended the order to unmarried couples and ex-partners. In 2025, case law continues to ease the burden of proof. This means that even without visible scars, you can obtain protection. For the future, we can expect an acceleration of procedures thanks to the digitalisation of applications.

Summary and next steps

Are you in a similar situation? A 30-minute initial consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →