The government wants to facilitate the use of the protection order, a mechanism to combat violence against women. However, a recent decree complicates the process. Counter productive
, even judge associations and specialized lawyers. Explanations.
A protection order is …?
A procedure requested by a woman victim of domestic violence to a family judge who aims to protect her and her relatives through a series of constraints imposed on the aggressor, set out in the order (prohibition of contacting the victim, going to certain places, to hold a weapon, obligation to follow a training course of responsibility, allocation of housing, modalities of exercise of parental authority etc.) This device remains always too little delivered
said Tuesday, June 9, the Minister of Justice in the Senate. Even if the demands are increasing.
3,930 were formulated in 2019, an increase of 21% compared to 2018
, said Nicole Belloubet. There is a margin: Spain issued 39,176 in 2018. A monitoring committee was created to speed up the use of these procedures in France.
What new features?
In December, a law passed by LR deputy, Aurélien Pradié, was passed: it imposed on judges six days (while the procedure took more than a month before) to rule on a request for a protection order. However, the implementing decree of this law, published on May 27, added a constraint: it requires the woman victim to inform by a bailiff, within 24 hours, the violent spouse of the proceedings brought against him.
Haro of victims’ associations. The 24-hour deadline appears difficult to maintain and the procedure, via bailiff, costly for the victim. Untenable
said tempestuous deputy Pradié on Tuesday (June 9th) in the Assembly during questions to the government.
However, if this deadline is not respected, the request lapses. Consequence: a device intended to facilitate the delivery of prescriptions would ultimately produce the opposite effect, insurgent associations and specialized lawyers. Incompetence or cynicism?
, stung the socialist senator Marie-Pierre de la Gontrie, targeting the authors of the decree.
What outcome?
The Senate adopted, Tuesday, June 9, an amendment of the senator of Gontrie, which provides that the notification to the violent spouse must be made by administrative means, that is to say by a police officer, or gendarme, and not by a bailiff. Unfavorable, Minister Nicole Belloubet does not want to increase the workload of the police and gendarmes. For her, the assistance of bailiffs is the right option. She works to facilitate emergency access. Exchanges are currently underway
, she explained. She also thinks possible doubling of service periods
, or 48 hours. Also on the table: a possible assumption by legal aid of bailiff costs. Before the Assembly, in connection with questions to the government, she also assured that she would not have no hesitation
to modify this text if it turns out to be inapplicable.
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