[codicts-css-switcher id=”346″]

Global Law Experts Logo
ordonnance de protection france

How to Get an Ordonnance De Protection in France (2026): Procedure, Evidence & Timeline

By Global Law Experts
– posted 46 minutes ago

If you are in immediate danger, call 17 (police) or 112 (European emergency number) now. For domestic violence support in France, contact the national helpline 3919.

Ordonnance de protection france is the civil emergency remedy that allows the family court to shield a victim of domestic violence quickly, ordering the abuser out of the home, banning contact, and settling interim custody, while any criminal case runs separately. In 2026, with wider digital filing and reinforced police–court coordination now embedded in national practice, victims and their advisers have a clearer route to protection. Under the Code civil, the family judge is required to rule on the request within a short statutory period after fixing the hearing date. This guide sets out, step by step, who can apply, what evidence the judge expects, how long the process takes, what it costs, and how the order is enforced.

It is written for survivors, family lawyers, social workers and advocates who need actionable, verified procedure rather than generalities.

Overview, what is an ordonnance de protection?

An ordonnance de protection is a protective order issued by the juge aux affaires familiales (JAF) sitting within the Tribunal judiciaire. It is a civil measure, separate from any criminal prosecution, designed to protect a person exposed to violence from a spouse, former spouse, partner or co-habitant, and to protect children affected by that violence. The judge assesses whether there are serious reasons to regard as likely both the commission of the alleged violence and the danger to which the applicant (or a child) is exposed. The standard is a reasoned evaluation of risk, not proof beyond reasonable doubt as in a criminal court.

The order can bundle several measures together. Typical measures include:

  • Exclusion du domicile. Removing the alleged perpetrator from the shared home, in principle even where they own or rent it, and attributing the accommodation to the victim.
  • Interdiction de contact. Banning the respondent from contacting or approaching the victim, their children and named third parties.
  • Firearms prohibition. Ordering the surrender of any weapons held by the respondent.
  • Interim custody and contact arrangements. Regulating parental authority, residence and visiting rights on a provisional basis.
  • Provisional financial support. Fixing interim contributions towards household and children’s costs.
  • Address confidentiality. Allowing the victim to conceal their address, using a designated lawyer or the public prosecutor as a contact point.

The legal framework governing the ordonnance de protection france is found in the Code civil (notably the articles on measures of protection against violence within the couple) and clarified by the official public-service portal and the legislation repository. For the authoritative user-facing explanation and the underlying statutory text, consult Service-public and Legifrance, cited at the end of this article.

Eligibility, who can apply and when

The ordonnance de protection is available to a person exposed to violence within a couple relationship or a family context. This includes married spouses, civil partners (PACS), unmarried partners and former partners, whether or not the parties ever lived together. It also covers persons threatened with forced marriage. Children exposed to the violence are protected through measures included in the order.

Applications may be brought by:

  • The victim. The person in danger applies to the JAF, with or without a lawyer.
  • The public prosecutor (procureur de la République). With the victim’s consent, the prosecutor may bring the matter before the court.
  • Approved victim-support associations. In practice, specialist associations assist victims to prepare and lodge the request and may accompany them through the hearing.

There is no requirement to have filed a criminal complaint (plainte) before requesting an ordonnance de protection. This is a crucial point: the civil protective route and the criminal route run in parallel, and a victim who is not ready to pursue criminal proceedings can still obtain protection. That said, evidence of a plainte, or of the events reported to police, can strengthen the application.

The distinction between emergency and non-emergency situations matters for tactics rather than eligibility. Where there is an immediate threat to life or safety, the priority is calling the police and securing physical safety; the protective order application follows rapidly. Where the danger is serious but not immediate, applicants have more time to assemble a complete evidence file before lodging.

Step-by-step: how to apply for an ordonnance de protection france

The process below runs from the moment of crisis through to enforcement. Follow the steps in order, but do not delay Step 1 for the sake of the later stages, safety comes first.

  1. Step 1, Secure immediate safety

    Action: If you are in danger, call 17 (police/gendarmerie) or 112. Call 15 (SAMU) for medical emergencies. Use 114 by SMS or the associated service if you cannot speak safely. Contact the national domestic-violence helpline 3919 for guidance and referral to emergency shelter.

    Practitioner tip: Ask the responding officers to record everything. If injuries are present, seek a medical examination the same day, the resulting certificate is central to the later application. Where children are present, request that this be noted.

  2. Step 2, Report to the police or instruct a lawyer

    Action: You can file a plainte (criminal complaint) at any police station or gendarmerie, or lodge a main courante (simple record of events) if you are not ready to press charges. In parallel, instruct a family lawyer or contact an approved victim-support association. The police can assist in referring you to emergency accommodation.

    Practitioner tip: Filing a plainte and applying for an ordonnance de protection are complementary, not alternatives. The criminal complaint launches an investigation; the protective order delivers civil protection. Keep the receipt or reference number for any plainte or main courante, you will attach it to the application.

  3. Step 3, Gather evidence and prepare the application

    Action: Assemble the documents listed in the evidence checklist below. Prepare a factual, chronological account of the violence, dates, locations, what happened, who witnessed it and any injuries or damage. Request copies of police reports (procès-verbaux) and obtain a certificat médical initial (CMI) documenting injuries.

    Practitioner tip: Preserve digital evidence carefully. Do not delete threatening messages; export or back up your phone, screenshot messages showing sender, date and time, and where possible retain the original device. Metadata can corroborate authenticity if the respondent disputes the material.

  4. Step 4, Submit the request to the JAF at the Tribunal judiciaire

    Action: Lodge the request (requête) with the juge aux affaires familiales at the Tribunal judiciaire. The request sets out the parties, the facts, the measures sought and the supporting evidence. Your lawyer may file it; an approved association or the prosecutor can also bring the matter before the court.

    Practitioner tip: Ask expressly for the measures you need, do not leave it to inference. If you require exclusion du domicile, an interdiction de contact and interim custody, spell each one out with the factual basis for each. Confirm the current filing channel with the court registry, as electronic lodging has expanded.

  5. Step 5, Attend the hearing and receive the decision

    Action: After the request is lodged, the judge fixes a hearing date and both parties are summoned. The judge hears the applicant and the respondent, examines the evidence and evaluates the risk. The judge issues the ordonnance de protection within the statutory period following the date fixed for the hearing.

    Practitioner tip: Bring originals of all documents to the hearing and a paginated index. Be prepared to explain gaps in the evidence, for example, why no plainte was filed, as the judge assesses credibility. Legal representation is strongly advisable, particularly where custody or the family home is in issue.

  6. Step 6, After the ordonnance: notification and enforcement

    Action: The order is notified to both parties and communicated to the public prosecutor, who may transmit it to the police and gendarmerie so that it can be enforced. If the respondent breaches any measure, approaches you, contacts you, or refuses to leave the home, call the police immediately and report the breach.

    Practitioner tip: Keep a copy of the ordonnance de protection on you and, if relevant, lodge a copy with your children’s school. Record every breach with date, time and evidence; breach of certain measures in a protective order is a criminal offence and can trigger prosecution.

Required documents & evidence checklist for an ordonnance de protection

The judge weighs the totality of the evidence. No single item is decisive, but a well-organised file improves the prospects of the ordonnance de protection france being granted. Assemble the following and bring originals to the hearing.

Document / evidence Who provides it Why it matters / tips
National ID card or passport Applicant Establishes identity; required to lodge the request.
Proof of address / cohabitation (utility bills, lease) Applicant Shows the relationship and the household context of the risk.
Police / gendarmerie reports (procès-verbaux) Police / applicant Important corroboration; request copies as soon as possible and keep reference numbers.
Medical certificates (certificat médical initial) and hospital records Medical staff / applicant Document injuries and psychological impact; ask for a CMI describing any incapacity.
Photographs of injuries or damaged property Applicant / witnesses Preserve originals with timestamps; retain metadata where possible.
Witness statements with contact details Witnesses Signed and dated written accounts corroborate the pattern of behaviour.
Text messages, emails, social-media messages Applicant / device backups Preserve originals; screenshot with sender, date and time visible.
Child welfare or school reports Social services / school Where children are involved, these support urgency and protective measures.
Previous court orders and any convictions Courts / applicant Establish risk history and a pattern of conduct.
Legal representation letter or power of attorney Lawyer / applicant Where filing via a lawyer or association; speeds the lodging process.

On digital evidence and chain of custody: the authenticity of screenshots can be challenged. Wherever possible, keep the original device, export message threads in a way that preserves dates and sender identities, and note when and how each item was captured. If the respondent may dispute authenticity, a commissaire de justice (formerly huissier de justice / commissaire-priseur functions merged) can produce a formal record of on-screen content.

Timeline & deadlines, what to expect

Timing depends on the urgency of the danger and the caseload of the court. The table below maps the realistic sequence from crisis to enforcement. Times are indicative; confirm current windows with the local registry and the statutory text on Legifrance.

Step Who / actor Typical duration / timing
Immediate safety response Police / gendarmerie / SAMU / victim-support NGOs Immediate (within hours), call 17 or 112 in urgent danger.
Filing a plainte (criminal complaint) Victim or proxy (lawyer / association) at police station or prosecutor Same day possible; a written record is issued.
Preliminary protective measures via police Police (shelter referral, referral to court) Immediate, until the judge decides.
Application for the ordonnance de protection Victim (with or without lawyer) to the JAF at the Tribunal judiciaire Judge fixes a hearing date shortly after the request is lodged.
Judicial decision (ordonnance) Juge aux affaires familiales Issued within the statutory period following the date fixed for the hearing.
Duration of the ordonnance Court (judge) Fixed by the judge; renewable or capable of being extended, check the decision and Legifrance.
Enforcement / breach response Police / gendarmerie; prosecutor for criminal breaches Police enforce; the prosecutor may open criminal proceedings.

The lifespan of the order is fixed by the judge within the maximum duration set by law. It is a protective measure that may be extended, in particular where a divorce or separation procedure or a criminal case is ongoing. Always read the operative part of your own order to see when each measure expires and note any renewal deadline in advance. Confirm current statutory limits on Legifrance and Service-public.

Costs, fees and legal aid

Cost is a common concern for victims, but support exists for those who cannot pay.

Item Typical cost Notes
Filing the request with the JAF No court fee to lodge the protective-order request The urgent protective procedure does not require the applicant to pay a court tax to lodge.
Lawyer’s fees Variable, agreed by fee convention Not mandatory to instruct a lawyer, but strongly recommended for hearings and custody issues.
Aide juridictionnelle (legal aid) Free or partial state funding Available to eligible applicants; covers lawyer’s fees in whole or part depending on income and other criteria.
Medical certificate (CMI) Often covered / reimbursable Emergency examinations in hospital are generally covered; keep receipts.
Victim-support associations Free Provide guidance, accompaniment and help preparing the file at no charge.

Legal aid & legal advice

Free legal advice is available in France through several channels. Approved victim-support associations offer free assistance, and free legal information points (points-justice, maisons de justice et du droit) provide orientation. For representation, aide juridictionnelle funds a lawyer where the applicant’s resources fall below the applicable thresholds. In urgent situations, provisional legal aid (aide juridictionnelle provisoire) can be granted so that representation is available for the hearing. Applications are made using the official form, supported by proof of income and identity. For current eligibility criteria and the application route, consult Service-public and the guidance of the Conseil National des Barreaux.

Orders affecting children & custody considerations

Where children are exposed to the violence, the JAF may include protective measures for them within the ordonnance de protection. On a provisional basis, the judge can determine the exercise of parental authority, fix the children’s residence, regulate or suspend the other parent’s contact, and order supervised visits or handovers at a designated point (espace de rencontre) where appropriate. These are interim measures tied to the protective order. Long-term custody, the definitive residence and contact regime, is decided in separate family proceedings, though the findings that justified the protective order will inform that later assessment. If you are concerned about a child’s safety, raise it explicitly in the request and support it with school or social-services reports.

What changed in recent years, new procedures and practical impacts

Two practical developments shape how the ordonnance de protection france operates today. First, electronic filing has expanded across Tribunaux judiciaires, allowing requests and supporting documents to be lodged in more jurisdictions and, in some, reducing the interval between lodging and hearing. Second, coordination between the police, prosecutors and family courts has been reinforced under successive national plans against domestic violence, so that a protective order is more reliably transmitted to enforcement services once granted; complementary tools such as the ordonnance de protection provisoire in cases of grave and immediate danger, and electronic anti-approach devices (bracelet anti-rapprochement) and the téléphone grave danger, have also developed.

The practical effect is intended to be faster listing of urgent hearings and more consistent enforcement, though outcomes still vary by locality and caseload. For the current position, rely on the official announcements published by the Ministère de la Justice and the procedural pages on Service-public, and check the statutory text on Legifrance where a specific duration or competence question arises.

Common pitfalls & practitioner tips

  • Incomplete or disorganised evidence. A file without corroboration, no plainte, no medical certificate, no messages, leaves the judge to weigh one account against another. Gather and index everything before the hearing.
  • Deleting digital material. Victims sometimes erase threatening messages to feel safer. Do the opposite: preserve and back up. Lost evidence cannot be recovered for the hearing.
  • Mistaking the forum. The ordonnance de protection is a civil measure decided by the JAF, distinct from the criminal complaint. Pursuing only one when both are appropriate can leave a gap in protection.
  • Assuming a plainte is a precondition. It is not. Waiting to feel ready to press charges before seeking protection delays safety unnecessarily.
  • Not specifying the measures sought. The judge grants what is requested and justified. Set out each measure, exclusion, contact ban, custody, support, with its factual basis.
  • Neglecting enforcement. An order is only as strong as its enforcement. Keep a copy on you, inform the school where relevant and record every breach; report breaches to the police at once.
  • Overlooking address confidentiality. If disclosure of your address would endanger you, request that it be concealed and that contact pass through your lawyer or the prosecutor.

Comparison: ordonnance de protection vs criminal proceedings

Victims frequently confuse the civil protective order with criminal proceedings. They serve different purposes and can, often should, run together.

Feature Ordonnance de protection (civil / family) Criminal proceedings / court-ordered restrictions
Issued by Juge aux affaires familiales (Tribunal judiciaire) Prosecutor / criminal court following a criminal complaint or investigation
Main aim Immediate protective measures (exclusion, contact ban, custody, support) Punishment and criminal sanctions; may include protective conditions
Evidence standard Serious reasons to regard the violence and danger as likely (civil evaluation of risk) Criminal standard; investigation led by the prosecution
Duration Defined protective period fixed by the judge; extendable Depends on the measures ordered and any sentence
Enforcement Police enforce; breach of certain measures is a criminal offence Police plus criminal sanctions on conviction

Lawyer Advising A Survivor On Ordonnance De Protection France Documents

Where to get help and how to choose an urgent family lawyer

Speed and specialism matter. Look for a lawyer who regularly handles urgent protective remedies, custody and, where relevant, cross-border enforcement, who can prepare the file quickly and represent you at the hearing. Victim-support associations can accompany you and help assemble evidence, and legal aid can fund representation for those who qualify. You can begin with a family law practice-area page and a reputable family-lawyer directory to identify a practitioner who takes urgent matters, and ask specifically about experience with the ordonnance de protection, enforcement after a granted order, legal aid for domestic-violence victims, and cross-border enforcement of protection orders where an international element exists.

Conclusion

The ordonnance de protection france gives people exposed to domestic violence a rapid, court-backed route to safety, removing the abuser from the home, banning contact, and settling interim custody and support separately from any criminal case. Success turns on acting quickly, securing safety first, assembling and preserving a well-organised evidence file, and asking the juge aux affaires familiales precisely for the measures you need. Legal aid and victim-support associations exist to reduce the cost and complexity barriers, and improvements in electronic filing and police–court coordination aim to make the process faster and its enforcement more reliable. This article is general information, not case-specific advice; because every situation differs, consult a family lawyer who handles urgent protective remedies before you file.

Need Legal Advice?

This article was produced by Global Law Experts. For specialist advice on this topic, contact Sylvie Mombellet at MS Avocat, a member of the Global Law Experts network.

Sources

  1. Service-public, official French public service portal
  2. Legifrance, official French legislation repository
  3. Ministère de la Justice, justice.gouv.fr
  4. Cour de cassation, French Court of Cassation
  5. Conseil National des Barreaux (CNB)
  6. Council of Europe, Istanbul Convention

FAQs

1. What is an ordonnance de protection and who can get one?
It is an emergency civil order from the family court protecting people exposed to violence within a couple or family context. Eligible applicants include victims, spouses, former partners, cohabitants and persons threatened with forced marriage, and it can be sought with the help of the public prosecutor or an approved victim-support association. No prior criminal complaint is required.
Contact the police or a lawyer or association, then lodge a request with the juge aux affaires familiales at the Tribunal judiciaire, setting out the facts, the measures sought and the supporting evidence. The judge fixes a hearing date, both parties are summoned, and the judge then decides within the statutory period.
The judge fixes the duration in the decision, within the maximum set by law. It may be extended, particularly where a separation, divorce or criminal case is ongoing. Read the operative part of your own order and check current statutory limits on Legifrance and Service-public.
The police can take immediate steps, intervening, referring you to emergency shelter, and assisting you towards the court. They record the events and can help transmit a granted order for enforcement. In immediate danger, call 17 or 112.
You may apply without a lawyer, but representation is strongly recommended, especially where custody or the family home is in issue. Legal aid (aide juridictionnelle) funds a lawyer for eligible applicants, and victim-support associations provide free assistance and accompaniment.
Police reports, medical certificates, photographs of injuries or damage, preserved messages, witness statements, proof of cohabitation and any previous court decisions. Preserve originals and timestamps, and organise the file with an index for the hearing.
Contact the police immediately. Breach of certain measures in a protective order is a criminal offence and can lead to prosecution and sanctions. Record the breach with date, time and evidence, and notify the court.
Yes. The judge may include interim custody, residence and contact restrictions where there is a risk to the child, including supervised or suspended contact. Long-term custody is decided in separate family proceedings, though the protective findings will inform that decision.

Find the right Legal Expert for your business

The premier guide to leading legal professionals throughout the world

Specialism
Country
Practice Area
LAWYERS RECOGNIZED
0
EVALUATIONS OF LAWYERS BY THEIR PEERS
0 m+
PRACTICE AREAS
0
COUNTRIES AROUND THE WORLD
0
Lawyer Profile Page - Lead Capture
GLE-Logo-White
Lawyer Profile Page - Lead Capture

How to Get an Ordonnance De Protection in France (2026): Procedure, Evidence & Timeline

Send welcome message

Custom Message