Police's refusal to register the complaint of a victim of domestic violence

Many women victims of domestic violence report that the French police or gendarmerie refuses to register their complaint to press criminal charges against the perpetrator.

1. Refusal to file a complaint

I personally witnessed this behaviour.

Upon the advice of a NGO, a woman victim of domestic violence went to the police station. She had visible bruises on her eye and on her chest.

The police refused to register her complaint and referred her back to the NGO.

2. Determination

A few hours later, the NGO called me and I went to the police station with the client. There, the police made us wait for several hours. I had to leave for two hours to give a class, during this time my client was again sent back to the NGO. At the end of the day, I came back to the police station, with the woman who had been beaten up by her husband the day before. After several hours, she was finally able to press criminal charges against her husband.

3. The law

The french Code of Criminal Procedure (Article 15-3) is clear:

"The officers and agents of the judicial police have to register complaints lodged by victims of criminal offences, even when these complaints are lodged in a territorially incompetent service or unit of the judicial police. In this case, the complaint shall, where appropriate, be forwarded to the territorially competent service or unit.

Any complaint lodged shall be recorded in a report and a receipt shall be issued immediately to the victim, which shall mention the statute of limitation for the prosecution of the offence as defined in Articles 7 to 9 and the possibility of interrupting the statute of limitation by lodging a complaint with a civil party, in accordance with Article 85. If they so request, they shall be given a copy of the report immediately. The officers or agents of the judicial police may identify themselves in the report by their administrative registration number.

Remember that it is also possible to file a complaint by sending a registered letter to the Public Prosecutor.

4. Safety ensured

The NGO had found a place in a shelter for women victims of violence where the client was received that same evening and supported by a psychologist and a social worker.

Two weeks later, I applied for and obtained a restraining order from the family court, which forbade the husband from approaching or contacting the woman in any way.

5. The law and case law

The law does not require a criminal complaint to be registered at the police for a victim of violence to obtain a restraining order.

However, in practice, we observe that family judges often require a criminal complaint to be filed (in addition to medical record). Cases on this point are evolving.