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Expulsion of a violent spouse from the home: what is the procedure?

Expulsion of a violent spouse from the home: what is the procedure?

Whether it is physical, psychological or sexual, any conjugal violence exerted on a man or a woman is prohibited by law. Unfortunately, it is clear that the number of violence exerted by one of the spouses on the other, within a couple, continues to increase.

Faced with this situation, the law provides for the eviction of the violent spouse even if he is the owner of the premises. Here is the procedure to follow in the context of the eviction of a violent spouse from the home.

Filing a complaint

When you live with someone who is abusing you or threatening to do so, the best thing to do is to file a complaint against your abusive partner. Through this process, you inform the public prosecutor, the police or the gendarmerie of the violence you are experiencing.

This is the first step to have the right to evict one's spouse from the home. The complaint can be filed on site or by mail. Once this has been done, three options are available to the public prosecutor. He can decide:

  • To initiate proceedings against the perpetrator of the violence or to seize the investigating judge;
  • To pronounce a measure that replaces criminal proceedings;
  • To file the complaint without follow-up.

However, given the urgency of the situation, the public prosecutor may order security measures before any judgment. This can be a removal from the marital home, a ban on approaching the victim, a ban on carrying a weapon, etc. (See Article 515-11 of the Civil Code).

Apply for a protection order

It is possible to file a request with the family court judge if you are the victim of violence within your couple. The purpose of this request is to issue a protection order. Moreover, even in the absence of a complaint filed with the criminal justice system, the judge may be forced to issue you an emergency protection order.

The purpose of the latter is to prevent the perpetrator of the violence from approaching you and your children (if you have any). To request such an order, the procedure is simple. It is introduced by petition to the competent family court judge for your domicile.

Upon request, you can attach all the proof of the violence suffered: medical certificates, photo of the injuries, testimonies, etc. After the request has been made, the family court judge, through an order, fixes the hearing date. Within 6 days following the fixing of this hearing date, the judge must render his decision.

He may decide to issue a protective order to prohibit the abusive spouse from contacting or approaching you, whether at your home, workplace or elsewhere. In addition, the judge can order the eviction of the violent spouse from the home within a fixed period.

Regarding the implementation of the eviction of the violent spouse, there is no legal deadline that the Commissioner of Justice must respect. Nevertheless, in the command, he can specify the exact date on which the premises must be effectively vacated. Moreover, once it has been pronounced, the eviction can no longer be suspended due to a winter reprieve or other reasons.

The violent spouse no longer benefits from the judicial delays that can ordinarily be granted. It should also be noted that he is obliged to continue to financially support the common accommodation in the event of rental even after his eviction.
Finally, the judge can decide that each of the spouses wears an electronic bracelet or also take other protective measures.

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