Domestic violence
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Legal resources > Family law > Domestic violence
Page written by Lucie Viossat
Conflict and violence
In a marital relationship, it is important to differentiate between conflict and violence. Conflict in a couple can exist and is not sanctioned by law. The two points of view of the members of the couple are opposed, but in an equal relationship, in a perspective of negotiation and compromise.
Conversely, violence is one-sided and consists of a relationship of domination and seizure of power by one of the two partners over the other. The violent spouse wants to control, to belittle his / her partner, to exercise a hold that can be difficult to get rid of and to try to keep him / her isolated from his / her family and friendly circle.
The violentometer, carried out by the Center Hubertine Auclert, the Observatories of Violence Against Women of Seine-Saint-Denis and Paris, the association En Avant All (s) and the Paris City Hall, is a good tool to determine whether behaviors of a person towards his / her spouse.e can tend towards violence.
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The violence is not necessarily physical; it can take different forms which, in the case of domestic violence, often add up. We distinguish:
psychological violence: intimidation, threats, emotional blackmail, contemptuous or demeaning words, prohibitions of doing or saying, etc.
physical violence: slaps, bites, burns, beatings, attempted murder, etc.
sexual violence: sexual assault, rape, obligation to have certain sexual practices, etc.
economic violence: monitor expenses, refuse to pay child support, ban opening a bank account, etc.
administrative violence: confiscate or destroy personal administrative documents, blocking the partner in his / her requests and rights (residence permit, foreign passport, vital card, family record book, ...), etc.
cyberviolence: cyberstalking, cybersurveillance, revenge porn, etc.
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This violence, committed by a spouse, partner bound by the PACS, cohabiting partner, is prohibited and punishable by law. The fact that they are committed by a partner constitutes an aggravating circumstance: the penalties incurred are thus greater.
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Where to speak?
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Refer to a lawyer
Lawyers, in the exercise of their profession, develop specific skills. In the case of domestic violence, it may be important to choose a lawyer with specific skills and knowledge on this subject (criminal law and family law), in order to benefit from the best possible legal support.
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File a complaint or file a handrail
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Domestic violence and housing
The law of July 30, 2020 amended article 515-11 of the Civil Code. From now on, when the judge rules on the separate residence of two spouses, family accommodation is automatically allocated to the victim of domestic violence, whether they are married, in a civil partnership or in cohabitation, and this even if the victim has been able to benefit from 'emergency accommodation.
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The support of the related costs can be charged to the violent spouse, partner or cohabiting partner.
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The judge can derogate from this right only by a specially motivated order justifying the particular circumstances having led to the perpetrator of violence remaining in the family home.
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The protection order
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The Grave Danger phone
It is issued by decision of the Public Prosecutor, after an assessment made by an association (France victims or the Information Center for the rights of women and families depending on the departments). It is issued for a renewable period of six months.
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It is a mobile phone with a dedicated key allowing the victim to reach the remote assistance service, 7 days a week and 24 hours a day. It allows in particular:
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Domestic violence and children
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