Domestic and Intrafamily Violence: Understanding Your Legal Remedies

Domestic and intrafamily violence open three distinct legal pathways, which are frequently combined: the criminal complaint, the protection order issued by the Family Affairs Judge, and the eviction / restraining order of the violent partner. Each has its specific conditions, timelines, and legal effects. Coordinating them effectively-in the right order, at the right moment-is decisive for the safety of the victim and the children.

The law firm of Me Quétand-Finet has represented victims residing in Versailles and across the entire Yvelines (78) department for over ten years. She intervenes both before the Public Prosecutor's Office at the Judicial Court of Versailles for the criminal dimension and before the Family Affairs Judge (JAF) for civil protective orders, within the emergency timelines required in these critical situations.

This page provides a comprehensive overview of the three procedures, their practical differences, and a guide to determine where to begin based on your circumstances. Each procedure is also covered in detail on a dedicated page with full procedural specifics.

The Three Legal Pathways Against Domestic Violence

The three procedures do not pursue the same objective. The criminal complaint aims to punish the perpetrator of violence. The protection order fulfills a preventive and civil function: placing the victim out of harm's reach. Eviction and restraining measures can be obtained through either route-civil (via the protection order) or criminal (judicial supervision, sentencing conviction).

Where to Begin? A Guide for Your Situation

There is no rigid sequential order. The strategic choice-and often the coordination of procedures-depends on urgency, available evidence, and the objectives sought. Four common scenarios arise:

1. Immediate danger or ongoing violence. Alert the police (17), then consult a lawyer within hours to initiate concurrently an emergency protection order and assist the victim with filing a criminal complaint.
2. Substantiated violence with stabilized immediate safety. Most frequently: file a complaint first to consolidate criminal evidence, then apply for a protection order. However, the order may be reversed if danger remains high.
3. Post-separation harassment or threats. A protection order is often the fastest legal tool if current or foreseeable danger can be demonstrated. It can also serve to conceal the victim's address.
4. Children exposed to violence. Official reporting to the prosecutor (Article 40 of the Code of Criminal Procedure), simultaneous petitioning of the Family Judge regarding custody and visitation, and potential referral to the Children's Judge if the situation warrants it.

In all cases, it is strongly recommended to consult a lawyer before filing a complaint: a well-prepared case file-medical certificates, written messages, witness affidavits-greatly reduces the risk of dismissal without prosecution.

The Three Procedures in Detail

Frequently Asked Questions

Is it mandatory to file a criminal complaint before requesting a protection order?

No. A criminal complaint is not a mandatory prerequisite for a protection order. The Family Judge assesses the plausibility / likelihood of violence, which can be proven by any means: medical certificates, text messages, witness statements, police logs (mains courantes), social inquiry reports. A complaint strengthens the file, but its absence does not preclude civil proceedings.

How long does it take to obtain a protection order?

The Civil Code requires the Family Judge to set the hearing within six days from the issuance of the summons. The decision is rendered either immediately from the bench or within a few days. At the Judicial Court of Versailles as elsewhere, actual practice varies according to the Family Court's caseload, but the statutory timeframe remains an imperative ceiling.

Can I take legal action if I have no physical evidence of violence?

Yes, within certain parameters. In criminal proceedings, a lack of evidence weakens the complaint and increases the risk of dismissal: it is preferable to gather supporting elements beforehand (certificates, messages, admissible recordings, testimonies). Before the Family Judge (protection order), the standard is more flexible: likelihood is sufficient, and the judge accepts a body of concordant circumstantial evidence. An initial consultation with a lawyer helps evaluate the strength of your file.

What is the difference between civil eviction and criminal restraining orders?

Civil eviction is ordered by the Family Judge within the framework of a protection order: it prohibits the spouse from visiting certain locations (home, workplace, children's school) and from contacting the victim, for a maximum duration of 12 months (which may extend throughout ongoing proceedings initiated during that year). Criminal restraining orders are issued by the prosecutor, investigating judge, or criminal court following a complaint and prosecution: taking the form of pre-trial judicial supervision, a judicial restraining order, or a supplementary sentence. Both pathways can be pursued simultaneously.

Is my spouse automatically evicted if I file a complaint?

No. Filing a complaint initiates an investigation but does not trigger any automatic eviction. Eviction may occur if the prosecutor imposes judicial supervision, or if the criminal judge orders it at sentencing. In practice, to secure rapid eviction, the most effective route is often a protection order pursued alongside the filing of a criminal complaint.

Can I benefit from legal aid (aide juridictionnelle)?

Yes, subject to means-tested financial conditions. Legal aid (AJ) can cover attorney fees wholly or partially. Victims of domestic violence benefit from prioritized access and adjusted income ceilings. The firm advises on eligibility during the initial consultation-see also our Fees page.

Must I leave the family home to be protected?

No, and doing so is often inadvisable. A protection order enables the court to grant exclusive possession of the family home to the victim, compelling the violent spouse to leave the premises, even if they are the property owner. Leaving the family residence before the ruling can sometimes complicate subsequent civil proceedings-hence the importance of legal advice prior to any hasty departure. However, in cases of severe and imminent danger, securing shelter in a safe place and contacting an attorney immediately is essential.

What happens if the protection order is violated?

Violating an order issued by the Family Judge (contact, geographical proximity, firearm possession) constitutes an autonomous criminal offense, punishable by two years of imprisonment and a €15,000 fine. Any breach must be reported immediately-17, police report, new criminal complaint-and will support, where applicable, a request for extension or tightening of protective measures.

Emergency Hotlines and Useful Contacts

• 17 - Police emergency, immediate danger.
• 114 - Emergency hotline accessible via SMS (deaf, hard of hearing, or unable to speak).
• 3919 - Violences Femmes Info, anonymous, free, 24/7.
• 119 - Child protection hotline (Enfance en danger).
• Judicial Court of Versailles (Tribunal judiciaire) - 5 place André Mignot, 78000 Versailles (Family Affairs Judge, protection orders).
• Police stations and Gendarmeries - annuaire service-public.fr to locate the competent station in your municipality.