The Protection Order of Article 24-1 of the Civil Code

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The law n°1.382 of July, 20th 2011 on the prevention and suppression of particular forms of violence has created Article 24-1 of the Civil Code relating to the protection order in order to ensure the protection of victims, midway between civil and criminal law.

Within twenty-four hours of the request, the President of the Court can issue a protection order prohibiting the potential perpetrator of the offense referred in the articles 230 to 234-1, 236, 236-1, 237 to 239, 243 to 245, 247 and 262 of the Criminal Code, to get in touch with the victim of theses facts, by whatever means, included by electronic communications, or to appear or reside in certain places.

The President of the Court can be seised only by the victim, the Public Prosecutor or an association for the defense of victims of violence with the consent of the victim.

In this order, the Judge can, if necessary, authorize the separate residence of the spouses. It may also attribute the enjoyment of housing to the victim and specify the modalities of payment of the costs relating to it.

The Judge can, if necessary, decide on the modalities of the exercise of the parental authority and on the contribution to the expenses of the marriage.

The protection order is valid for two months and may be extended for the same period. It is provisionally enforceable and subject to appeal within fifteen days of its delivery or service, depending on whether or not the appellant appeared at the hearing.

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In order to enable the Judge to adapt the order to the evolution of the facts, the Judge can at any time, at the request of the Public Prosecutor, one of the parties or on his own initiative, and after having invited the parties to submit their observations, delete or modify all or part of the measures set out in the protection order, decide on new ones, grant a temporary exemption for some of them or withdraw the said order.

By Christine Pasquier-Ciulla and Fiona Bonadonna

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