Paris (AFP)

The draft law on domestic violence, about to be finally adopted Wednesday by the Parliament, provides for the establishment of the bridging bracelet, more effective protection orders and the automatic suspension of parental authority in case of crime.

- Anti-approximation bracelet

The text generalizes the anti-approximation bracelet (BAR), to geolocate and keep spouses and violent ex-spouses at a distance by triggering a signal, with a perimeter of distance set by a judge. This device has never been tested in the field in France, despite several votes in favor of experiments.

The bracelet can be put in place both in criminal and civil matters, as a preventive measure, as part of a protection order, subject to the consent of the violent spouse.

This consent was essential to avoid the risk of unconstitutionality. According to the author of the bill, Aurélien Pradié, the violent spouse will however be strongly encouraged to accept the criminal bracelet to avoid pretrial detention or to benefit from an adjustment of sentence if he is already convicted. In civil matters, if he refuses the bracelet, the family affairs judge (JAF) may immediately notify the public prosecutor.

- Six days to protect

Created in 2010 and issued by the family affairs judge, the protection order makes it possible to shelter a person who is the victim of domestic violence and to rule on measures relating to children and housing.

So far, the JAF seized had to rule "as soon as possible" without time limit and the average had increased to 42 days.

The bill sets him a maximum of six days to decide. This delay, difficult to put into practice, aroused reservations from the Chancellery. The text also encourages the JAF to rule on all the prerogatives at its disposal: accommodation, procedures for exercising parental authority ...

If the judge issues a protection order, the perpetrator will be prohibited from acquiring or holding a weapon.

For housing, a new principle: the victim can, if they wish, stay at home and it will be up to the violent partner to relocate.

If the victim leaves the accommodation, the text provides for experimentation, for three years, financial assistance: payment of the deposit or rental guarantee, advance of the first months of rent ...

- Suspend parental authority

Not in the initial text, the automatic suspension of parental authority in the event of a crime or prosecution for a crime was added during tense debates between deputies and senators, in a joint joint committee. This suspension will also apply to appeal procedures.

The bill does not deal with the suspension of parental authority for acts of violence. Another text, this time worn by LREM deputies and on the menu of the National Assembly at the end of January, will examine this subject.

The exclusion of the estate of a deceased person, or of the survivor's pension, from the spouse who has been convicted of violence against this person has also been added to the Pradié text.

- Relaunch the "serious danger" telephone

Tested in 2009 in Seine-Saint-Denis and in Strasbourg, the "serious danger" telephone was introduced into law in 2014.

Equipped with a single button to call for help, this device is granted for six months renewable to women victims of domestic violence who request it. Once activated, it allows rapid intervention by the police.

In 2018, "serious danger" telephones enabled 420 interventions, compared to 282 in 2017.

But they remain too little deployed. The "two thirds sleep in closets" of the administration, lack of decision to allocate them, insisted Aurélien Pradié.

The bill intends to facilitate and widen access to the system that victims can directly claim from the public prosecutor.

The "grave danger" telephone can be assigned earlier, when the perpetrator is on the run or even before a court order prohibits contacting the victim.

© 2019 AFP