The measure to remove the violent spouse is a alternative to prosecution.

Created by the law of 12 December 2005, this measure taken within the framework of violence within the couple allows the public prosecutor to force the perpetrator of violence (both towards his spouse and the children living under their roof) to leave the family home.

Article 41-1,6 ° of the Code of Criminal Procedure allows the prosecutor to prohibit appearing at home but also around the home and may also request a health, social or psychological care.

Note: The spouse or former spouse of the victim is understood in a very broad sense. This also concerns the cohabiting partner or the PACS partner.

A mission of mediation accompanied by a reminder of the law is only possible if the victim has expressly requested it.

In the event of further violence, the public prosecutor will have to consider an appearance on prior admission of guilt ( CRPC ) or prosecute before the tribunal.

When the victims have no income and the rent is paid by the abusive spouse. The law provides that it is up to the latter to continue to pay housing costs.

The public prosecutor will have to specify the modalities of assumption of responsibility for the expenses of housing during a period which it fixes and which cannot exceed six months.

Other measures may be taken by the prosecutor in the context of intimate partner violence, in particular the establishment of the Grand Danger Telephone system.

★ ★ ★ ★ ★

4 Comments

  1. Good evening, my question is as follows: my sister has a removal order with respect to her companion. She is the only one to appear on the lease and the gentleman is at his home.
    She gets out of prison in January, how can she find her home and leave?
    Thank you

  2. Good evening my spouse has a restraining order because I have filed a complaint for domestic violence as well as my children because he also beat them I would like to know until when and will he have a follow-up a divorce procedure has been initiated
    thank you for your reply

  3. Hello, my spouse has a ban on leaving the home and getting in touch with me for 2 years, the lease is ours, I would like to know if after the 2 years he can return to the home without my consent. Seeing that we've always been married

Leave comments

Your email address will not be published.