A man of 36 years compared from Monday 9 before the Assize Court of Nanterre. He is being prosecuted for attempted homicide on his ex-spouse. Particularity of this audience, the girl of the couple, aged 4 years direct witness of the scene is constituted civil party alongside her mother. The question of parental authority will be at the heart of the debate.

On September 3, Edouard Philippe inaugurated the Grenelle Violence Against Women with this formula: "a violent man is not a good father". This is undoubtedly one of the questions that will cross the assize court of Nanterre from Monday until Wednesday. She must try a 36-year-old man for attempted homicide on his ex-spouse on April 16, 2018, in front of their daughter, who was only two and a half years old.

The little girl, now 4 years old, is a civil party with her mother, but not with the same lawyer. Nathalie Tomasini represents the interests of the complainant, while Marie Grimaud, who specializes in child protection, represents the little girl. "A child witnessing the violence committed on one of his parents by the other parent is a child victim," she says. "It's about psychological abuse that will permanently traumatize it."

Without the intervention of the neighbors, the violence would have continued

"Do not be fooled, it is madam who is a civil party on behalf of the child," denounces Erwann Coignet, the lawyer of the accused. His client did not see his daughter since the events on April 16, 2018.

On the night of the incident, the 37-year-old accused returned home drunk and attacked his wife. The complainant says that she takes refuge in the bedroom of their two-and-a-half-year-old daughter. He follows her, pulls her from the bed of the little girl. The rest is under the eyes of the child. He strangles his wife, "gestures", emphasizes the arrest of indictment, "committed with extreme violence and great determination". The young woman calls for help, the neighbors intervene and find her "in shock, suffocating and unable to swallow, not holding on her legs". Without the intervention of the neighbors, estimates the floor of Nanterre, the violence would have continued.

According to the complainant, this is not the first episode of violence she has suffered, particularly since the birth of their child. The police have already intervened three times, but until then, the young woman had refused to file a complaint. The accused is very partial in acknowledging the facts and still denied any intent to kill at the investigation stage. "He himself lost his father at the age of 21, and he never recovered," said his lawyer. "He never wanted to take the life of his daughter's mother."

The question of parental authority

The accused was placed in pre-trial detention in April 2018 and in the process, a family court judge ordered the temporary suspension of the exercise of his parental authority. "Upon his release under judicial supervision last February, my client asked to see his daughter," said Master Coignet. "Do not be wrong, it is madam who is a civil party on behalf of the child," denounces the lawyer.

The family court granted the accused in April a right to visit a public space, but he did not have time to benefit. On May 21, his judicial review was revoked because he tried to contact his ex-wife when he was banned. "He only wanted to see his daughter," tries to justify his lawyer.

Erwan Coignet fears that his client will become an example in the context of the Grenelle domestic violence. "You have to make the distinction between the man in his function of father and the man in his function of spouse," he explains. "One can not attack the parental authority of my client without showing the failure of this man with his child". The girl's lawyer should produce a child psychiatry report to show the traumatic impact of domestic violence.