Domestic Violence

Protection order for a parent: What about children?

Publié le 19 juin 2024 - Directorate for Legal and Administrative Information (Prime Minister)

A victim of domestic violence, Sandra obtained a protection order against her ex-partner. In this decision of the judge, Maxime can no longer meet Sandra for 6 months. He was evicted from their communal dwelling. The order states that he cannot see their son at the family home. If he admits to beating Sandra on a drunken day, Maxime cannot understand why he is being denied access to his son, whose hand he never raised and whose parental authority he still has.

Service-Public.fr replies:

The protection order is a decision made by the family court judge when there is a suspicion of violence within a couple and a danger to the victim and her child(ren). There is no requirement to file a complaint against the perpetrator.

In a recent ruling, the Court of Cassation clarified that a protection order can restrict a parent’s relationship with his or her children.

In the order, the family court may forbid a parent of a child from meeting him or her at the family home where the other victim parent is still living with the child, even without having to decide whether the child is in danger.

Maxime will therefore be able to continue to see her son but outside Sandra's home, in a neutral place for example.

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