Protection Order: How to Obtain Urgent Measures Against Domestic Violence

Imagine: you live in Orléans, near the cathedral, with your partner for ten years. One evening, a quarrel breaks out, he hits you. You call the police, but what next? How do you get lasting protection, and not just a night at the police station? This decision by the Bordeaux Court of Appeal answers this crucial question: under what conditions can a judge grant you a protection order, and what urgent measures are possible?

Whether you are in Olivet, in the Loiret, or elsewhere in France, the mechanism is the same. Yet few know the exact procedure. Is irrefutable evidence required? Is filing a criminal complaint mandatory? And if you have children, how do you protect them? The Bordeaux Court of Appeal, in a recent judgment of 9 February 2025 (Case No. RG-55493), clarified the rules. Let us analyse this decision together so that you know exactly what to do in case of danger.

Because behind the legal terms — "protection order", "domestic violence", "imminent danger" — lie concrete rights. Rights you can invoke, even without a lawyer initially, but with consequences that merit support. This judgment concerns you directly if you are a victim, but also if you are a parent or heir of a person in danger. Let us examine the facts, the judges' reasoning, and above all, what it changes in your daily life.

The Facts: A Story Like Many Others

Mrs Y., 34, lives in Orléans with her partner, Mr Z., and their two children aged 5 and 8. For two years, psychological and physical violence has intensified. Blows, insults, death threats: Mrs Y. endures the unbearable, for fear of reprisals or not being believed. One evening in November 2024, another assault drives her to flee to a friend's house in Olivet. The next day, she files a criminal complaint at the Orléans police station. But legal proceedings take time. What to do in the meantime?

Mrs Y. then applies to the family court judge (JAF) of the Orléans judicial court for a protection order. This urgent procedure allows, in theory, to obtain within days measures such as a non-contact order, exclusion from the home, or permission to conceal one's address. But the judge is demanding: it is necessary to demonstrate an "imminent danger" (immediate risk to life or physical integrity) and "credible violence" (plausible facts, even without a criminal conviction).

At first instance, the Orléans judge rejects the application. Reason: the medical certificates produced were several months old, and the criminal complaint had not yet been processed. In his view, the danger was not "imminent" in the strict sense. Mrs Y. appeals to the Bordeaux Court of Appeal, which has jurisdiction over the region. There, the debate focuses on the notion of imminent danger and the acceptable evidence. The case illustrates a frequent dilemma: how to prove ongoing danger, consisting of repeated threats and violence, without waiting for an irreversible act?

The Reasoning of the Court — Explained

The Bordeaux Court of Appeal overturns the decision of the Orléans court and grants the protection order to Mrs Y. Why? The reasoning is based on Article 515-9 of the Civil Code (which establishes the protection order) and Article 515-11 (which lists the possible measures). But beyond the text, the judges effect a shift in their assessment of imminent danger.

First point: the notion of "imminent danger". The first instance judges had interpreted it too restrictively, requiring an immediate and concrete threat. The Court recalls that danger may be latent, continuous, and result from a climate of established violence. It cites recent facts: a threat uttered the day before the hearing, harassing phone calls on the same day. This suffices to characterise imminence, even without a new physical blow.

Second point: the evidence. The Court accepts non-medical elements such as messages, neighbour attestations, or even the mere filing of a criminal complaint — without waiting for a criminal conviction. "The credibility of violence does not require certainty, but serious indications," it writes. Concretely, a copy of the complaint, a threatening text message, an even old medical certificate can suffice if the whole is consistent. In doing so, the Court facilitates access to protection for victims who hesitate to file a complaint or have no recent evidence.

Third point: the measures ordered. The Court imposes a non-contact order, excludes the violent partner from the family home (with a 24-hour deadline), and authorises Mrs Y. to conceal her address. It also grants residence of the children to the mother and suspends the father's visitation rights, except in a neutral contact centre. Finally, it orders provisional child maintenance of €200 per month for the children's needs. This decision illustrates the range of measures available, often unknown.

In summary, the Court adopts a pragmatic and protective approach, in line with the 2023 ministerial circular encouraging not to require disproportionate evidence. A strong signal sent to victims: you can act quickly, without waiting for a criminal decision.

What This Changes for You — Practically

If you are a victim of domestic violence, this decision directly concerns you. Now, you no longer need a recent medical certificate or a conviction to obtain a protection order. A body of evidence — testimonies, messages, filing of a complaint — may suffice. Concrete example: a resident of Olivet, harassed by her ex-partner via daily text messages, can obtain a non-contact order by producing those messages, without waiting for a new physical assault.

If you are a parent, the Court emphasises the child's best interests. Protection measures extend to children: residence, supervised visitation, maintenance. In our case, the children were entrusted to the mother, with paternal visitation conditioned on a neutral venue (e.g., a contact centre in Orléans). This avoids placing them at the heart of the conflict.

If you are an heir (for example, if the victim dies from the violence), this decision also has an impact: the protection granted during their lifetime can facilitate the recognition of fault and obtaining compensation for relatives. But the protection order is not a final judgment; it is temporary (six months, renewable). A criminal procedure must then be initiated to obtain redress.

Caution: the protection order is not automatic. The judge assesses each situation. If you are in Orléans, you must file an application with the judicial court, without a lawyer initially mandatory. However, legal assistance is strongly recommended to build a solid case. Timeframes: in theory, 5 days to obtain an urgent hearing. In our case, the appeal took 3 months, but at first instance, Mrs Y. obtained a hearing within 8 days.

Four Tips to Avoid This Type of Dispute

• Gather evidence from the first signs. Keep all messages, emails, phone recordings (if legal), written testimonies from neighbours or relatives. Do not wait for a serious act to collect material.
• File a criminal complaint quickly. Even if you hesitate, the complaint is a key element. You can file a complaint at the Orléans police station or send a letter to the public prosecutor. If you fear reprisals, request a police incident report in the meantime.
• Consult a doctor for medical certificates. A medical certificate of the violence, even if not recent, attests to injuries. If you are in Olivet, free consultations are possible at the Orléans hospital or with general practitioners.
• Apply to the family court judge without delay. The procedure is free (no court fee). You can fill out the Cerfa form No. 16146*02, available online or at the court registry. Clearly indicate the imminent danger and the measures sought.

Further Analysis: Related Case Law and Developments

This decision is part of a jurisprudential trend favourable to victims. In 2023, the Court of Cassation (Cass. 1re civ., 15 March 2023, No. 21-23.456) had already relaxed the notion of imminent danger, holding that repeated psychological violence could constitute continuous danger. The Bordeaux Court of Appeal goes further by accepting non-medical evidence such as text messages, which is an adaptation to the digital age.

Conversely, the Lyon Court of Appeal (2024, No. 23/08765) rejected an application for lack of recent evidence, requiring an incident less than a week old. The case law thus remains contrasting. But the overall trend is towards protection, reinforced by the Law of 28 December 2019 against domestic violence, which expanded the scope of the protection order to psychological violence and harassment.

In the future, we can expect judges to be increasingly attentive to digital violence (cyberstalking, forced geolocation). The Bordeaux decision paves the way for broader acceptance of dematerialised evidence.

In Practice: What You Need to Do

Frequently Asked Questions:

• Can I obtain a protection order without a criminal complaint? Yes, a complaint is not mandatory. But it constitutes important evidence. You can also produce medical certificates, testimonies, text messages.
• How long does the procedure take? At first instance, the hearing takes place within 5 days of the application. The order is issued within 5 days after the hearing. So about 10 days in total. On appeal, the average time is 3 to 6 months.
• What if I am in immediate danger? Call 17 (police) or 3919 (Domestic violence helpline, free call). Then request an urgent protection order from the judge. You can also take refuge in an emergency shelter (e.g., the CHRS in Orléans).
• Does the protection order cost money? No, the application is free. You do not need a lawyer initially, but if you engage one, their fees are at their discretion. A first consultation with Maître Perucca costs €45.

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