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.
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
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
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
Hello I would like to know how to remove an estrangement towards my spouse
hello the judge forbade me and my spouse to see each other for 1 and a half years my he can see his son we love us he committed only one faith this big must I can do how please
My spouse has a ban on contact with me, can they cancel it?
hello my spouse has been away since August 8, 2022 we are going to court on November 17, 2022 is he told to pay all the income that I have to do
I have been separated from my husband for three years, he had a removal order in February 2021 for violence against spouse and ex-spouse. I found a new accommodation can I leave my current accommodation with only 1 month deposit?
Hello, I would like to know what are the procedures for removing a distance measure? Thanks in advance .
Hello, I received a removal measure overnight for no reason just because my spouse and flatmate went to complain to the police, exaggeratingly, so they were kept in sight for 30 hours and immediately appeared before the judge and suddenly 6 months. I can do cordially I have to wait it's hard
Hello
I made the huge mistake of calling the police following a violent argument with my spouse. The police took me to the station without telling me why I was interviewed without knowing that it was to file a complaint against Mr. served 72 hours in police custody and a removal measure.. he was to be tried on January 4, 2023 but it was postponed for October 2023.. I withdrew my complaint how can we do to stop this removal measure, especially since Mr. is not at all violent it is the first time that this has happened because we were both drunk
cordially