Protection Order for Domestic Violence: How to Obtain Emergency Measures

Imagine a resident of Gien, whom we shall call Sophie. For months, her partner has alternated between verbal abuse and physical blows. She is afraid, but she dares not file a complaint, fearing retaliation. One day, after yet another scene, she walks into the police station. The police officer tells her about the protection order. But how to obtain it? What is it really for? This decision from the Nanterre High Court answers these questions, and we will analyse it together.

This protection order is the legal shield that any victim of domestic violence can activate, without waiting for a criminal trial. The family court judge can take emergency measures to end the danger. And if Sophie lives in Orléans, the same judge can intervene, as he did in Nanterre. Let's see how.

What is striking in this case is the speed of the procedure: the application was filed on a Monday, and the hearing was held the following Friday. Less than a week to obtain a decision that changes everything. So, how does it work?

The Facts: A Story Like Many Others

Mr. X, a man in his forties, lived with his wife and their two children in a house in Saint-Jean-de-Braye. Since 2023, tensions had escalated. His wife, who worked as a childminder in Gien, had accumulated sick leave. Medical certificates mentioned 'post-traumatic syndrome'. She had found the courage to consult a victims' support association, which referred her to a lawyer.

On 15 May 2025, she filed an application for a protection order before the Nanterre High Court, because her husband had recently moved for professional reasons to Hauts-de-Seine. She attached evidence: photos of bruises, threatening text messages on her phone, a medical certificate of 14 days' ITT (total incapacity for work), and a complaint that had not yet been followed up.

The hearing took place on 23 May. The husband disputed the violence, claiming that his wife was depressed and alleging imaginary violence. He requested a social investigation and the maintenance of the family home. But the judge did not agree: he noted that the elements provided by the applicant were sufficiently convincing to characterise a danger. He issued his order on 15 June 2025, granting the protection sought.

The Court's Reasoning — Analysed

The family court judge relied on Article 515-9 of the Civil Code, which allows urgent measures to be ordered when the alleged violence is plausible and the danger is current. Even without a criminal conviction, mere plausibility suffices. This is a lower standard of proof than before the criminal court: we are not looking for certainty, but for the probability of the existence of violence.

In this case, the medical certificates, messages and neighbour testimonies constituted a body of serious, consistent and detailed circumstantial evidence. The judge dismissed the husband's argument that there was no pending criminal complaint: a protection order does not require a complaint; it is independent of the criminal path.

Another important point: the judge considered that the two children were also exposed to psychological violence, even though they had not been directly struck. He therefore granted shared residence with protective arrangements: exchanges had to take place in a neutral location, with no contact between the parents. This approach is consistent with recent case law extending the notion of 'victim' to children who witness violence.

This decision confirms the trend of courts taking domestic violence seriously, even in the absence of criminal proceedings. It reminds us that the family court judge can — and must — act quickly to protect.

What This Means for You — Practical Steps

You are a victim of domestic violence, in Gien, Orléans or elsewhere. This decision shows you that you can act without waiting. The protection order can include: eviction of the violent partner from the home (even if you are a tenant or owner), a non-approach order, attribution of the use of the home, child custody, and financial support (maintenance).

Concrete example: Sophie, whom we imagined, obtained her partner's eviction within 48 hours of the hearing. She also received a maintenance payment of €200 per month for herself (living allowance) and an advance on her legal aid rights, as her income is modest. In Saint-Jean-de-Braye, a couple in a similar situation had to wait three months for a first criminal hearing; with the protection order, everything was settled in one month.

If you are in this situation, you must: gather all evidence (medical certificates, police reports, messages, testimonies). The procedure is free (no stamp duty) and you can be assisted by a lawyer under legal aid if your resources are below a certain threshold (around €1,400 per month for a single person). The judge generally rules within 6 weeks, but urgency can reduce this to a few days.

Four Tips to Avoid Dead Ends or Speed Up Protection

• Keep every piece of evidence: take photos of your injuries, save threatening text messages, ask for a medical certificate as soon as you see a doctor. Without evidence, the judge will be hesitant to order the aggressor's removal.
• Do not delay consulting a lawyer: even without a criminal complaint, a lawyer can file an application for a protection order. In Orléans, several lawyers specialising in family law can assist you quickly.
• Report any immediate danger to 17 or 3919: if the situation is urgent, the police can intervene ex officio. Do not wait for your partner to act.
• Inform those around you: a neighbour in Gien, a colleague in Saint-Jean-de-Braye, can be useful witnesses. The earlier you show signs of violence, the easier it will be to prove the danger.

Further Reading: Related Case Law and Developments

This decision is part of a line of protective judgments. Notably, the Versailles Court of Appeal judgment of 12 March 2024 had already clarified that psychological violence alone was sufficient to justify a protection order. Conversely, some older decisions, such as that of the Créteil High Court in 2019, required a systematic social investigation before any measure, which delayed protection. The current trend is towards acceleration: judges no longer want to take the risk of leaving a victim in danger for months.

Future legislative developments? The draft law 'for a more protective family justice' could strengthen the powers of the family court judge, particularly by allowing interim measures without a hearing (by order on application). In the meantime, the current procedure is already relatively fast, provided you know it well.

Key Points to Remember

FAQ:

1. What is a protection order? A court decision made by the family court judge to protect an adult or minor exposed to domestic violence. It can order the eviction of the violent partner, grant use of the home, organise child custody and set financial support.
2. What evidence should I provide? Any elements that make the violence plausible: medical certificates, complaint or police report, messages, testimonies, photos. No criminal conviction is needed.
3. How long does the procedure take? The judge must rule within a maximum of 6 weeks from the application, but the hearing can be set in a few days if urgency is established.
4. Is it free? The procedure is free (no tax). Legal aid can cover a lawyer if you meet the income criteria.
5. What if the partner does not comply with the order? Breach of the measures (especially the non-contact order) is a criminal offence. You must call the police and report the infringement.

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