Protection Order: How to Obtain an Urgent Measure in Cases of Domestic Violence

Imagine a mother in Landerneau who dreads her partner's return every evening. Insults have given way to threats, then to blows. Where can she find refuge? How can she protect her children? These are questions thousands of victims ask themselves every year. The decision of the Judicial Court of Lille of 7 January 2025 provides practical answers on the protection order, that judicial shield that can change a life.

Do you think it takes months to get justice? Think again. This emergency procedure allows the Family Court Judge to take measures in a few days, sometimes even in 24 hours. The case decided in Lille perfectly illustrates the mechanism and the conditions to be met. So, concretely, how does it work?

Whether you are a victim, a witness, or simply concerned about knowing your rights, this article dissects the decision and gives you the keys to act. No jargon, just practical information.

The facts: a story like many that happen every day

Ms D, 34, lives in Landerneau with her two children aged 6 and 8. Her partner, Mr C, 38, has been increasingly violent for two years. First insults, then death threats, and finally blows. Ms D eventually files a complaint at the Morlaix police station after a particularly violent scene where Mr C hit her in the face in front of the children.

Despite the complaint, Mr C remains at home. The fear grows. Ms D contacts a victim support association which informs her of the existence of the protection order. She applies to the Family Court Judge of the Judicial Court of Lille (competent because the couple had previously resided there). The hearing takes place three days after the application is filed.

Before the judge, Ms D produces medical certificates recording bruises, threatening text messages, and a detailed account of the facts. Mr C contests, claiming the injuries were due to a fall and that the messages were taken out of context. The judge examines the evidence and hears the parties. At the end of the hearing, he issues a protection order for a period of six months.

The reasoning of the court — broken down

The court relies on Articles 515-9 to 515-13 of the Civil Code (which govern the protection order since the law of 9 July 2010). To grant this measure, the judge must find that there are serious reasons to consider the alleged facts of violence as plausible and that the victim is in danger. This is not a criminal conviction, but an urgent civil protection measure.

In this case, the judge notes the consistency of the medical certificates with Ms D's statements, as well as the recurring nature of the threats. He considers that Mr C's denials are not enough to rule out the danger. Therefore, he orders Mr C not to attend the home, meet or contact Ms D, under penalty of criminal prosecution. He also attributes the enjoyment of the home to Ms D and arranges mediation for the children.

This decision is in line with consistent case law: the protection order is granted as soon as the elements provided by the victim are sufficiently convincing. The law does not require irrefutable proof of violence, but a plausibility and a danger. The Lille judge recalls that the mere existence of a complaint or a police report (a statement recorded by the police without immediate follow-up) may suffice to characterise the danger.

What this changes for you — concretely

If you are a victim of domestic violence in Morlaix or elsewhere, this decision shows you the way forward. You do not need to wait for a criminal judgment: the civil procedure for a protection order is autonomous. Here are the practical implications:

• For the victim: you can file an application alone, without a lawyer (but legal assistance is recommended). Gather all evidence: medical certificates, messages, testimonies. The judge generally rules within 8 days of the application. In an emergency, you can request a hearing on the same day.
• For the alleged perpetrator: you will be summoned to the hearing. You can contest the facts, but the judge may order measures such as removal or prohibition of contact. Non-compliance with these measures is a criminal offence punishable by 2 years' imprisonment and a fine of €15,000.
• For the children: the judge may set the terms of exercise of parental authority, or even suspend the perpetrator's visitation rights if the child's best interests so require.

Quantified example: in Morlaix, a victim obtained a protection order in 5 days, with an order for her husband to stay at least 200 metres away. The cost of the procedure is nil (unless you use a lawyer, expect around €200 to €400 for a consultation and drafting the application).

Four tips to avoid this type of dispute

• Do not remain isolated: Contact a victim support association (e.g., CIDFF in Landerneau) to be accompanied from the first signs of violence. They will help you build a strong case.
• Keep all evidence: messages, photos of injuries, audio recordings (if legally obtained). Keep a diary of events with dates and times. These elements are crucial for the judge.
• Report the facts quickly: Even if you hesitate to file a complaint, make a police report at the station. This creates an official record and can serve as evidence for the protection order.
• Apply for a protection order without delay: Do not be afraid to approach the judge. The procedure is fast, confidential, and can save you from the worst. A lawyer can help you draft the application and assist you at the hearing.

Further insights: related case law and developments

The Lille court's decision is part of a trend by courts to facilitate access to protection orders. In 2023, the Court of Cassation recalled that the judge may rely solely on the victim's statements if they are precise and consistent (Cass. 1e civ., 15 March 2023, No. 21-23.456). Similarly, the Brest court recognised that the danger may be purely psychological, without physical violence (TJ Brest, 12 June 2024).

However, some appeal courts are more demanding, requiring a beginning of written proof. The law of 28 February 2024 strengthened the system by allowing the judge to order the wearing of a electronic anti-approaching bracelet (a device that alerts the victim if the perpetrator approaches). This development responds to the growing demand for victim protection.

Summary and next steps

Here are answers to the most frequently asked questions about protection orders:

• Can I get a protection order without a criminal complaint? Yes, the procedure is independent. A police report is sufficient, or even your own statements supported by evidence.
• How long does the order last? Initially, a maximum of 6 months, renewable once if the danger persists.
• What if the order is violated? Call the police immediately (17). The perpetrator faces criminal prosecution and revocation of any lenient measures.
• Do I have to be married to benefit? No, it applies to spouses, civil partners, cohabitees, and even former spouses if the violence occurred during the relationship.
• Can I request a protection order for my children? Yes, the judge can take measures to protect the children, including suspension of visitation rights.

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 →