#2024-536Law No. 2024-536 Reinforcing Protection Orders and Creating Immediate Provisionary Protection Orders
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The law enhances the existing provisions for protection orders in France by establishing a new type of protective order known as a provisional immediate protection order. It enables judges to grant urgent protection to individuals facing immediate threats, such as forced marriage, within 24 hours of receiving a request. Additionally, it introduces new measures for the confidentiality of addresses for individuals benefitting from these protection orders to protect them from potential harm.
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Key Changes
- Introduction of provisional immediate protection orders for people facing urgent threats.
- Extension of eligibility for protection orders beyond cohabiting individuals.
- Increased penalties related to non-compliance with these protection orders.
Obligations
What this law requires
Judges must deliver provisional immediate protection orders within 24 hours of receiving a request when serious reasons exist to consider alleged violence and grave immediate danger as plausible.
The public prosecutor (ministère public) must obtain the agreement of the person in danger before requesting a provisional immediate protection order.
The prosecutor of the Republic must register any temporary territorial exit prohibition ordered by the judge in the file of persons sought (fichier des personnes recherchées).
Mayors and state representatives in departments must be informed by the prosecutor of the Republic when address concealment measures are pronounced, subject to the beneficiary's agreement, to prevent disclosure of the person's address to third parties.
Violation of provisional immediate protection order obligations or prohibitions is punishable by up to three years imprisonment and a fine of up to €45,000.