Eviction of a Violent Partner & Restraining Orders
When an individual is the victim of domestic violence, it is essential to take concrete measures to ensure personal safety. Among the most effective: the eviction and restraining of the violent partner, which can be ordered by the Family Affairs Judge of the Judicial Court of Versailles or by a criminal judge. Our firm intervenes in Versailles and throughout the Yvelines (78) department to secure these emergency measures.
A Legal Protective Measure
Spousal eviction and restraining orders translate, legally, into two types of prohibitions:
- The prohibition against making contact with the victim,
- The prohibition against being present in designated locations (town, department, workplace, children's school, etc.).
No-Contact Prohibitions: Far More Than Physical Proximity
The prohibition against making contact is not limited to physical presence.
It encompasses all forms of communication:
- telephone calls,
- SMS / text messages,
- WhatsApp, Messenger, or social media messages,
- emails,
- letters or any other written notes.
Even a single message can constitute a violation of the court order and therefore a criminal offense punishable by penalties.
Which Procedures Allow You to Obtain Such Measures?
Two types of proceedings can lead to an eviction and restraining decision:
- A Protection Order: issued by the Family Affairs Judge within a very short timeframe (6 days), provided two statutory criteria are met: the likelihood of violence, and the existence of a current or foreseeable danger.
- Criminal Proceedings: when a complaint is lodged, the prosecutor or judge can order restraining measures: following police custody (garde à vue), within pre-trial judicial supervision (contrôle judiciaire), or following a conviction.
The measure can also be ordered on an interim provisional basis pending trial.
What Is the Duration of an Eviction Order?
Within a protection order, eviction is limited to a maximum of 12 months.
Conversely, in a criminal context, the duration can be longer if a conviction is rendered.
What Happens in Case of Non-Compliance?
Violating this prohibition constitutes a criminal offense, classified as breach of a protection measure, punishable by penalties up to and including imprisonment.
The courts treat these breaches with the utmost severity, particularly in the event of repeat offenses or if accompanied by threats or intimidation.
Our Law Firm's Role
Our firm assists victims from the very first signs of violence, in order to implement the most effective legal strategies to obtain an adapted and protective eviction measure.
We also assist you in monitoring the enforcement of orders, and in all related steps: securing the home, coordinating with police authorities, etc.
By Claire Quétand-Finet Family & Divorce Lawyer - Versailles Bar Association
PhD in Private Law · +10 years of experience in family & divorce law · University Lecturer for continuous legal expertise
See also:
Divorce in Versailles - Divorce Procedure - Family Court Petitions