In this report, obtained by franceinfo, Renaissance MP Emilie Chandler and UDI Senator Dominique Vérien notably propose the creation of a chamber specializing in domestic violence within the courts.
A parliamentary report obtained by franceinfo on Tuesday May 9 develops 59 proposals to fight against domestic violence. This report, co-written by Renaissance MP Emilie Chandler and UDI Senator Dominique Vérien, recalls that the fight against domestic violence “has been declared a great national cause” in the two five-year terms of Emmanuel Macron. The two parliamentarians recall that in this context, organized in 2019, a “Grenelle against domestic violence (…) resulted in 54 measures of which 46 are effective and 8 are in progress”.
However, the two parliamentarians indicate in their introductory remarks that “However, the development of the policy to combat domestic violence has not to date had a significant impact on the extent of the phenomenon”. The number of domestic violence “is thus increasing from 152,981 in 2019 to 207,600 in 2021”point out Emilie Chandler and Dominique Vérien.
Use the phone more often serious danger
Among their recommendations, the two parliamentarians do not retain the idea of creating an offense “domestic violence” in the penal code. “We are not advocating, at this time, to create a stand-alone offence, we think that is something to be studied”, indicates Dominique Vérien, contacted by franceinfo. And to take the case of England where “they have created two offences: the first which is coercive control, the phenomenon of control, and the second which is stalking, that is to say the man who is separated from his wife and who continues to pursue her “.
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Among the 59 proposals, we can notably retain recommendation 33, in which the two parliamentarians wish to create “an order for the immediate eviction of the violent spouse taken by the public prosecutor in a non-contradictory manner, it being up to him to seize the judge for family affairs with a request for a protection order within eight days, the latter having three weeks to make a decision”.
The report also suggests using the phone more often in serious danger. This is for Dominique Vérien and Emilie Chandler “to offer victims of domestic violence the possibility of requesting the delivery of a serious danger telephone to the departmental family allowance funds or victims’ associations approved by the judicial court. This option would be added to the delivery of the telephone serious danger on the decision of the public prosecutor”.
The creation of an interministerial fund
The two parliamentarians also propose “the creation of a chamber specializing in intra-family or family violence within the judicial courts and courts of appeal”Thus “only within the prosecution”. Drawing inspiration from Spain, the report also calls for “set up a file similar to the Spanish file VioGén 182 in that it would allow, on the basis of an algorithmic calculation, the assessment of the risk of acting out and a follow-up accordingly”. They want another file to be created, “a single situation file, entirely dematerialized and to be legally framed” For “ensuring better follow-up”.
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The report also insists on the need to train all those who intervene when domestic violence is committed. Thus, according to the rapporteurs, it is necessary “strengthen the training of professionals in the field of child protection” or “set up regular inter-institutional training in order to share practices and acquire common knowledge”.
Finally, the member and the senator propose to“attribute the quality of wards of the Republic to minor children who are victims of the spousal homicide of one of their parents on the model of child victims of terrorism”. Furthermore, they ask for the “creation of an inter-ministerial fund dedicated to financing public policy to combat domestic violence” and in another proposal of “secure and sustain the funding of regular partner associations through commitment agreements”.