Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
I. ― Book I of the Civil Code is supplemented by a title XIV as follows:
« TITRE XIV
"ProTECTION MEASURES
VIOLENCE VICTIMS
"Art. 515-9.-When the violence committed within the couple or by a former spouse, a former partner bound by a civil pact of solidarity or a former concubin endangers the person who is a victim of it, one or more children, the family court may issue an emergency protection order to the latter.
"Art. 515-10.-The protection order is issued by the judge, seized by the person in danger, if assisted, or, with the consent of the judge, by the Public Prosecutor's Office.
"On receipt of the application for a protection order, the judge summons, by all appropriate means, for a hearing, the applicant and the respondent party, assisted, if any, by a lawyer, and the Public Prosecutor's Office. These hearings may take place separately. They can be in the boardroom.
"Art. 515-11.-The protection order is issued by the Family Affairs Judge, if he considers, in the light of the evidence before him and contradictoryly debated, that there are serious reasons to consider the commission of the alleged acts of violence and the danger to which the victim is exposed.On the occasion of his release, the Family Affairs Judge is competent to:
« 1° Prohibit the respondent party from receiving or meeting certain persons specially designated by the Family Justice, and from entering into contact with them in any way;
« 2° Prohibit the defendant party from holding or carrying a weapon and, where appropriate, order the defendant to surrender to the registry against receipt the weapons of which she is the holder;
« 3° Statue on the separate residence of the spouses by specifying which of the two will continue to reside in the marital housing and on the terms and conditions for the costs of that dwelling. Except in special circumstances, the enjoyment of this accommodation is attributed to the spouse who is not the perpetrator of the violence;
« 4° To assign the benefit of the couple's housing or residence to the partner or the concubin who is not the perpetrator of the violence and to specify the terms and conditions for taking charge of the costs associated with this accommodation;
« 5° To decide on the procedures for the exercise of parental authority and, if necessary, on the contribution to the charges of marriage for married couples, on material assistance within the meaning of Article 515-4 for partners of a civil pact of solidarity and on the contribution to the maintenance and education of children;
« 6° Authorize the applicant party to conceal his domicile or residence and to elect domicile at the lawyer who is the perpetrator or the representative of the applicant or the public prosecutor at the court of large instance for all civil proceedings in which it is also a party. If, for the purposes of the execution of a court decision, the bailiff in charge of that execution must be aware of the address of that person, the person shall be communicated to him, without he being able to reveal it to his or her principal;
« 7° Pronouncing the preliminary admission with the legal aid of the applicant party under the first paragraph of Article 20 of Law No. 91-647 of 10 July 1991 Legal aid.
"If applicable, the judge shall submit to the applicant party a list of qualified legal persons who may accompany the applicant for the duration of the protection order. It may, with its agreement, transmit to the qualified legal person the contact details of the applicant party, so that it may contact it.
"Art. 515-12.-The measures referred to in 515-11 are taken for a maximum period of four months. They may be extended beyond this period if a request for divorce or separation of bodies has been filed. The Family Affairs Judge may, at any time, at the request of the Public Prosecutor's Office or of either of the parties, or after having made any useful instruction, and after having invited each of them to express, delete or amend any or all of the measures set out in the Protection Order, decide on new measures, grant the respondent a temporary waiver of the performance of any of the obligations imposed on him or her.
"Art. 515-13. - A protection order may also be issued by the judge to the person who is threatened with forced marriage under the conditions laid down in section 515-10.
"The judge is competent to take the measures mentioned in 1°, 2°, 6° and 7° of Article 515-11. It may also order, upon request, the temporary prohibition of the release of the territory of the threatened person. This ban is included in the file of persons sought by the public prosecutor. Article 515-12 shall apply to measures taken on the basis of this Article. »
II. ― The same code is amended:
1° The third paragraph of Article 220-1 is deleted;
2° In the fourth paragraph of Article 220-1, the word "others" is deleted;
3° In the third paragraph of section 257, after the reference: "220-1", the reference is inserted: "and title XIV of this book".
Articles 53-1 and 75 of the Code of Criminal Procedure are supplemented by a 6° as follows:
« 6° To request a protection order, under the conditions defined by sections 515-9 to 515-13 of the Civil Code. Victims are also informed of the penalties imposed by the perpetrator(s) of the violence and the conditions for the execution of any convictions that may be imposed against them. »
I. ― Article 375-7 of the Civil Code is supplemented by a paragraph as follows:
"When applying sections 375-2, 375-3 or 375-5, the judge may also order a ban on the release of the child's territory. The decision sets the duration of this prohibition, which cannot exceed two years. This ban is included in the file of persons sought by the public prosecutor. »
II. ∙ The last paragraph of section 373-2-6 of the same code is as follows:
"In particular, he may order the child's removal from French territory without the permission of both parents. This ban on leaving the territory without the permission of both parents is included in the file of persons sought by the public prosecutor. »
The I of Article 23 of Act No. 2003-239 of 18 March 2003 for internal security is supplemented by a 14° as follows:
« 14° The ban on the release of the territory provided for in Articles 373-2-6, 375-7 and 515-13 of the Civil Code. »
I. ― After section 2 of chapter VII of title II of the book inserted in article II of the Criminal Code, a section 2 bis is inserted as follows:
“Section 2 bis
"From the violation of court orders
cases of domestic violence
"Art. 227-4-2.-For a person subject to one or more obligations or prohibitions imposed in a protection order made pursuant to sections 515-9 or 515-13 of the Civil Code, failure to comply with that or those obligations or prohibitions shall be punished by two years' imprisonment and 15 000 €' fine.
"Art. 227-4-3.-The fact, for a person required to make a contribution or subsidies under the protection order made under section 515-9 of the Civil Code, that he or she fails to notify the creditor of his or her change of domicile within one month of the change is punishable by six months' imprisonment and 7 500 €' fine. »
II. ― After section 141-3 of the Code of Criminal Procedure, an article 141-4 is inserted as follows:
"Art. 141-4.-The police and gendarmerie units may, on their own motion or on the instruction of the examining magistrate, apprehend any person under judicial review against whom there is one or more plausible grounds to suspect that they have breached their obligations under 9° and 17° of Article 138. The person may, by a decision of a judicial police officer, be detained no more than 24 hours at a police or gendarmerie premises in order to verify his or her situation and be heard on the violation of his or her obligations.
"From the beginning of the measure, the judicial police officer informs the investigating judge.
"The detained person shall be immediately informed by the judicial police officer or, under the supervision of the officer, by a judicial police officer of the nature of the obligation that he or she is suspected of having violated and that he or she may exercise the rights provided for in the third and fourth paragraphs of section 63-1, sections 63-2 and 63-3 and the first four paragraphs of section 63-4.
"The powers conferred on the public prosecutor by articles 63-2 and 63-3 are exercised by the examining magistrate.
"Articles 64 and 65 apply to this measure. The detained person may not be subject to internal bodily investigations during his or her detention by the police department or the gendarmerie unit.
"At the end of the measure, the examining magistrate may order that the person be brought before him, if any, to seize the judge of freedoms and detention for the purpose of revocation of the judicial review.
"The investigating judge may also request an officer or judicial police officer to notify the person that he or she is summoned before him at a later date. »
III. ― The second paragraph of section 141-2 of the same code is supplemented by a sentence as follows:
"The provisions of Article 141-4 shall apply; the powers entrusted to the investigating judge by this article are then exercised by the prosecutor of the Republic. »
IV. ― The last sentence of the last paragraph of Article 394 of the same code is supplemented by the words ", as well as those of Article 141-4; the powers entrusted to the investigating judge by this article are then exercised by the prosecutor of the Republic. »
I. ― After section 142-12 of the Code of Criminal Procedure, an article 142-12-1 is inserted as follows:
"Art. 142-12-1.-By derogation from the provisions of section 142-5, residential assignment under mobile electronic surveillance may be ordered when the person is being examined for violence or threats, punishable by at least five years' imprisonment, committed:
« 1° Against his spouse, concubin or partner bound by a civil pact of solidarity;
« 2° Either against children or those of their spouse, concubine or partner.
"This section is also applicable where the offence is committed by the former spouse or concubine of the victim or by the person who was related to the victim by a civil solidarity pact, the domicile concerned being that of the victim. »
II.-The Penal Code is amended as follows:
1° After section 131-36-12, an article131-36-12-1 is inserted as follows:
"Art. 131-36-12-1.-By derogation from the provisions of section 131-36-10, placement under mobile electronic surveillance may be ordered against a major person, whose medical expertise has found danger, sentenced to deprivation of liberty for a period of five years or more for violence or threats committed:
« 1° Against his spouse, concubin or partner bound by a civil pact of solidarity;
« 2° Either against children or those of their spouse, concubine or partner.
"This section is also applicable where the violence has been committed by the former spouse or concubine of the victim, or by the person who has been linked to the victim by a civil solidarity pact, the domicile concerned being that of the victim. » ;
2° After section 222-18-2, an article 222-18-3 is inserted as follows:
"Art. 222-18-3.-When committed by the spouse or concubine of the victim or the partner bound to the victim by a civil pact of solidarity, the threats provided for in the first paragraph of Article 222-17 shall be punished by two years imprisonment and 30,000 € fine, those provided for in the second paragraph of the same article and in the first paragraph of Article 222-18 shall be punished by five years » ;
3° In the second paragraph of section 222-48-1, the reference: "and 222-14" is replaced by the references: ", 222-14 and 222-18-3".
III.-Where a person who is being examined for a crime or offence committed against his or her spouse, concubine or partner bound by a civil solidarity pact is placed under house arrest with mobile electronic surveillance and that a prohibition of meeting the victim has been imposed, the latter may, if expressly consented to, be offered the assignment of a teleprotection device allowing him to alert the public authorities imposed
Such devices may also be offered to the victim when a person convicted of a crime or offence committed against his or her spouse, concubine or partner bound by a civil solidarity pact is placed under mobile electronic surveillance as part of a socio-judicial monitoring or parole and a ban on meeting the victim has been imposed.
These provisions are also applicable where the facts have been committed by a former spouse or a former victim ' s concubine or a person who has been linked to the latter by a civil solidarity pact.
These provisions shall apply on an experimental basis, for a period of three years from the date of publication of this Act, to jurisdictions determined by the Ministry of Justice, as specified by order.
The Civil Code is thus amended:
1° Section 373-2-1 is amended as follows:
(a) In the third paragraph, after the word: "When", the words are inserted: ", in accordance with the interests of the child," and the words: "this parent" are replaced by the words: "the parent who does not exercise parental authority";
(b) After the third preambular paragraph, a sub-item reads as follows:
"When the child's interest in the order or when the child's direct surrender to the other parent poses a danger to one of them, the judge shall arrange the terms and conditions for the child to present all necessary guarantees. It may provide that it is carried out in a meeting space that it designates, or with the assistance of a trusted third party or a representative of a qualified legal person. » ;
(c) In the first sentence of the last paragraph, the words: "This parent" are replaced by the words: "The parent who does not exercise parental authority";
2° Section 373-2-9 is supplemented by a paragraph as follows:
"When the child's interest in the order or when the child's direct surrender to the other parent poses a danger to one of them, the judge shall arrange the terms and conditions for the child to present all necessary guarantees. It may provide that it is carried out in a meeting space that it designates, or with the assistance of a trusted third party or a representative of a qualified legal person. »
Article 373-2-11 of the Civil Code is supplemented by a 6° as follows:
« 6° Pressure or violence, whether physical or psychological, exerted by one of the parents on the person of the other. »
The first paragraph of section 378 of the same code is thus written:
"It is possible that the parental authority can be completely removed by an express decision of the criminal judgment by the father and mother who are convicted, either as perpetrators, co-authors or accomplices of a crime or offence committed on the person of their child, or as co-authors or accomplices of a crime committed by their child, or as perpetrators, co-authors or accomplices of a crime on the person of the other parent. »
In the second paragraph of article 377 of the same code, after the words: "who collected the child", the words "or a member of the family" are inserted.
The Code of Entry and Residence of Aliens and the Right of Asylum is amended as follows:
1° After the second paragraph of Article L. 313-12, it is inserted a paragraph as follows:
"Unless its presence constitutes a threat to public order, the administrative authority shall grant, as soon as possible, the issuance or renewal of the residence permit of the alien who is granted a protection order under section 515-9 of the Civil Code because of the violence committed by his spouse, his partner bound by a civil covenant of solidarity or his concubine. » ;
2° Article L. 431-2 is supplemented by a paragraph as follows:
"Unless its presence constitutes a threat to public order, the administrative authority shall grant, as soon as possible, the issuance or renewal of the temporary residence card of the foreigner who has a protection order under the application of Article 515-9 of the Civil Code because of the violence committed by its spouse, partner bound by a civil pact of solidarity or concubine. »
The same code is amended:
1° The title of Chapter VI of Title I of Book III reads as follows: " Provisions applicable to foreigners who have filed a complaint for certain offences, testifying in criminal proceedings or receiving protective measures";
2° Chapter VI is supplemented by two articles L. 316-3 and L. 316-4 as follows:
"Art.L. 316-3.-Unless its presence constitutes a threat to public order, a temporary residence permit bearing the reference to "private and family life" is issued abroad which has a protection order under section 515-9 of the Civil Code. The requirement under section L. 311-7 of this code is not required. This temporary residence card opens right to the exercise of a professional activity.
"Art.L. 316-4.-In the event of a final conviction of the person in question, a resident card may be issued abroad with a complaint for an offence referred to in the first paragraph of Article 132-80 of the Criminal Code. »
A report submitted by the Government on the application of the provisions of Article 515-9 of the Civil Code to Algerian nationals subject to the agreement between the Government of the French Republic and the Government of the Algerian Democratic and People's Republic concerning the circulation, employment and residence in France of Algerian nationals and their families, supplemented by a protocol, two exchanges of letters and an annex, signed in Algiers on 27 December 1968, is presented to Parliament before 31 December 2010.
After Article L. 211-2-1 of the Code of Entry and Residence of Aliens and the Right of Asylum, an article L. 211-2 is inserted as follows:
"Art. L. 211-2-2. - A return visa is issued by the French consular authorities to the person of foreign nationality who has a residence permit in France under articles L. 313-11 or L. 431-2 whose spouse has, during a stay abroad, derogated the identity documents and the residence permit. »
In the fourth paragraph of Article 3 of Law No. 91-647 of 10 July 1991 on legal aid, after the word "civilians" are inserted the words: "when they receive a protection order under Article 515-9 of the Civil Code".
In the second paragraph of section 226-10 of the Criminal Code, the words: "reporting or non-reporting" are replaced by the words: "release or non-placement, declaring" and the words: "that the reality of the fact is not established" are replaced by the words: "that the fact has not been committed".
The 3rd of Article L. 213-3 of the Code of the Judicial Organization is supplemented by e and f as follows:
“e) A protection against the spouse, the partner bound by a civil pact of solidarity or violent concubin or a former spouse, a partner bound by a civil pact of solidarity or violent concubin;
“(f) Protecting the person of major threatened with forced marriage. »
TheArticle 66-1 of Act No. 91-650 of 9 July 1991 reforming civil enforcement procedures is thus drafted:
"Art. 66-1.-Sections 62, 65 and 66 of this Act as well as sections L. 613-1 to L. 613-5 of the Construction and Housing Code are not applicable to the expulsion of the spouse, partner bound by a civil pact of solidarity or violent concubine ordered by the Family Court on the basis of section 515-9 of the Civil Code. »
I. - After first paragraph of Article 5 of Act No. 90-449 of 31 May 1990 In order to implement the right to housing, a paragraph should read:
"Conventions have also been passed with housing providers to reserve in each department a sufficient number of housing units, geographically distributed, for persons victims of violence, protected or protected by the protection order provided for in sections 515-9 and following of the Civil Code. »
II. ∙ The first paragraph of section 4 of the Act is supplemented by two sentences as follows:
"It also takes into account the needs of people who are victims of violence within their couple or within their families who are threatened with forced marriage or forced to leave their homes after threats of violence or violence actually suffered. This paragraph also applies to the victim spouse where the victim spouse is the owner of the dwelling. »
Article L. 822-1 of the Education Code is amended as follows:
1° After the second preambular paragraph, a sub-item reads as follows:
"A convention between the State and the regional centres of academic works aims at the reservation of a sufficient number of dwellings to persons who are victims of violence registered in a school or university that are protected or protected by the protection order provided for in Articles 515-9 and following of the Civil Code. » ;
2° In the second sentence of the sixth paragraph, the word "third" is replaced by the word "fourth".
A report from the Government on the establishment of specific training in the prevention and management of violence against women and violence committed in the couple is presented to Parliament by 30 June 2011. This training would be aimed at physicians, medical and paramedical personnel, social workers, civil status officers, prison officers, magistrates, lawyers, national education personnel, sports, cultural and leisure personnel, and police and gendarmerie personnel.
In the first sentence of the second paragraph and in the second sentence of the eighth paragraph of Article L. 441-1 of the Construction and Housing Code, the words: "the provision of urgent measures ordered by the Family Justice pursuant to the third paragraph of Article 220-1 of the same Code" are replaced by the words: "a protection order issued by the Family Justice pursuant to Title XIV of Book I of the same Code".
I. ― After Article L. 312-17 of the Education Code, an article L. 312-17-1 is inserted as follows:
"Art. L. 312-17-1. - Information on equality between men and women, the fight against gender bias and the fight against violence against women and violence committed within the couple is provided at all stages of schooling. Schools, including French educational institutions abroad, can join in this with women's rights associations and promote equality between men and women and personnel involved in the prevention and suppression of such violence. »
II. ― Article L. 721-1 of the same code is supplemented by a paragraph as follows:
"The trainings mentioned in the previous three paragraphs include awareness-raising activities on the fight against discrimination, the issues of equality between women and men, violence against women and violence committed within the couple. »
A national day of awareness of violence against women was established on 25 November.
I. ― After the 4th of Article 222-14 of the Criminal Code, a paragraph is inserted as follows:
"The penalties provided for in this article are also applicable to the usual violence committed by the spouse or concubine of the victim or by the partner linked to the victim by a civil pact of solidarity. The provisions of the second paragraph of Article 132-80 shall apply to this paragraph. »
II. ― In the last paragraph of section 222-48-1 of the same code, after the word "previous", the words are inserted: "who are committed on a 15-year-old by a legitimate, natural or adoptive ascendant, or by any other person who has authority over the victim".
In the second sentence of the last paragraph of section 471 of the Code of Criminal Procedure, the words: "the judge of enforcement of sentences may designate" are replaced by the words: "the correctional court or the judge of enforcement of sentences may designate".
I. ― Act No. 86-1067 of 30 September 1986 on freedom of communication is thus amended:
1° In the last paragraph of Article 42, the words "and family associations" are replaced by the words ", family associations and women's rights associations";
2° In the third sentence of the second paragraph of article 43-11, the words: "and the fight against discrimination and" are replaced by the words: ", from the fight against discrimination, gender bias, violence against women, violence committed within the couple and equality between men and women. They";
3° In the last paragraph of Article 48-1, the words: "and family associations recognized by the National Union of Family Associations" are replaced by the words: "the family associations recognized by the National Union of Family Associations and the women's rights associations".
II. ― first paragraph of Article 2 of Act No. 49-956 of 16 July 1949 on youth publications is supplemented by the words: " or gender-based".
I. ― Act No. 86-1067 of 30 September 1986 is amended as follows:
1° In the last paragraph of Article 15, after the word: "programs" are inserted the words "provided to the public by an audiovisual communication service";
2° At the 1st of Article 43-9, after the word "hate", are inserted the words "or violence".
II. ― third paragraph of Article 6, Article 6, Article 6, of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy, after the word: "violence", are inserted the words: ", including incitement to violence against women."
A report by the Government on the establishment of a National Observatory for Violence against Women is presented to Parliament by 31 December 2010.
The 5th of Article 41-1 of the Code of Criminal Procedure is amended as follows:
1° In the first sentence, the words: "with the agreement of the parties" are replaced by the words: "at the request or with the consent of the victim";
2° It is added a sentence as follows:
"The victim is presumed not to consent to criminal mediation when she has referred the family judge pursuant to Article 515-9 of the Civil Code because of violence committed by her spouse, concubine or partner with which she is bound by a civil pact of solidarity; "
I. ― After section 222-14-1 of the Criminal Code, an article 222-14-3 is inserted as follows:
"Art. 222-14-3.-The violence provided for in the provisions of this section is repressed regardless of its nature, including psychological violence. »
II. ― After section 222-33-2 of the same code, an article 222-33-2-1 is inserted as follows:
"Art. 222-33-2-1.-The act of harassing his spouse, his partner bound by a civil pact of solidarity or his concubine by repeated acts that have the object or effect of a deterioration of his living conditions resulting in a deterioration of his physical or mental health is punishable by three years' imprisonment and 45,000 €' fine when these facts have caused a total incapacity of work less than or equal
"The same penalties are incurred when the offence is committed by a former spouse or a former victim's concubine, or a former partner linked to the latter by a civil pact of solidarity. »
The beginning of the first paragraph of section 132-80 of the same code is as follows:
"In the cases provided for by law or regulation, the penalties for a crime, offence or contravention are aggravated... (the rest without change). »
I. ― After the 9th of article 221-4 of the same code, it is inserted a 10° as follows:
« 10° Against a person because of his refusal to enter into a marriage or to enter into a union. »
II. ― After section 221-5-3 of the same code, an article 221-5-4 is inserted as follows:
"Art. 221-5-4. - In the event that the crime prescribed by the 10th of section 221-4 is committed abroad against a person habitually residing in French territory, the French law is applicable by derogation from the provisions of section 113-7. »
III. ― After the 6th of article 222-3 of the same code, it is inserted a 6° bis as follows:
"6° bis Against a person in order to compel her to enter into a marriage or to enter into a union or because of her refusal to enter into such marriage or union; "
IV. ― After section 222-6-2 of the same code, an article 222-6-3 is inserted as follows:
"Art. 222-6-3. - In the event that the crime under 6° bis of section 222-3 is committed abroad against a person habitually residing in French territory, the French law is applicable by derogation from the provisions of section 113-7. »
V. ― After 6° of articles 222-8 and 222-10 of the same code, it is inserted a 6° bis as follows:
"6° bis Against a person in order to compel her to enter into a marriage or to enter into a union or because of her refusal to enter into such marriage or union; "
VI. ― After the 6th of articles 222-12 and 222-13 of the same code, a 6° bis is inserted as follows:
"6° bis Against a person, because of his refusal to enter into a marriage or to enter into a union or to force him to enter into a marriage or to enter into a union; "
VII. ― After section 222-16-2 of the same code, an article 222-16-3 is inserted as follows:
"Art. 222-16-3. - In the event that the offences under 6° bis of articles 222-8, 222-10, 222-12 and 222-13 are committed abroad against a person habitually residing in French territory, the French law is applicable by derogation from the provisions of section 113-7. If it is an offence, the provisions of the second sentence of section 113-8 are not applicable. »
The French consular authorities shall take appropriate measures to ensure, with their consent, the return to French territory of persons of French nationality or who usually reside regularly in French territory when these persons have been victims abroad of voluntary violence or sexual assault committed in the context of a forced marriage or because of their refusal to submit to a forced marriage.
I. ― After Article 222-50 of the Criminal Code, an article 222-50-1 is inserted as follows:
"Art. 222-50-1. - Individual or legal persons guilty of any of the offences provided for in sections 222-33 and 222-33-2 shall also be liable to the additional penalty for posting or disseminating the decision provided for in section 131-35. »
II. ― In the first paragraph of Article L. 1155-2 of the Labour Code, the amount "€3,750" is replaced by the amount "€15,000".
The last sentence of the second paragraph of Article 222-22 of the Penal Code is deleted.
I. ― Articles 1, 2, 5, 6, 16, 17, 18, 23, 25, 26, 27, 28, 30 to 34, II of section 35 and 36 are applicable in the Wallis and Futuna Islands.
II.-Articles 1st, 2, 5, 6, 15-17, 23, 25, 26, 27, 28, 30 to 34, II of section 35 and 36 are applicable in French Polynesia.
III.- Articles 1, 2, 5, 6, 8 16, 9 17, 23, 25, 26, 27, 28, 30 to 34, II of section 35 and 36 are applicable in New Caledonia.
IV.-Articles 11 and 12 are applicable to Saint-Barthélemy and Saint-Martin.
V.-Order No. 2000-373 of 26 April 2000 on the conditions of entry and residence of foreigners in Mayotte is amended as follows:
1° After section 16-1, three articles 16-2, 16-3 and 16-4 are inserted as follows:
"Art. 16-2.-Unless its presence constitutes a threat to public order, the administrative authority shall grant, as soon as possible, the issuance or renewal of the residence permit of the alien who is granted a protection order under section 515-9 of the Civil Code because of the violence committed by his spouse, his partner bound by a civil pact of solidarity or his concubine.
"Art. 16-3.-Unless its presence constitutes a threat to public order, a temporary residence permit bearing the words "private and family life" is issued abroad that has a protection order under section 515-9 of the Civil Code. The condition under section 6-1 of this order is not required. This temporary residence card opens right to the exercise of a professional activity.
"Art. 16-4. -In the event of a final conviction of the person in question, a resident card may be issued to a foreigner who has filed a complaint for an offence referred to in the first paragraph of Article 132-80 of the Criminal Code.
2° The IV of Article 42 is supplemented by a paragraph as follows:
"Unless its presence constitutes a threat to public order, the administrative authority shall grant, as soon as possible, the issuance or renewal of the residence permit of a foreigner who has a protection order under section 515-9 of the Civil Code. »
VI.-Order No. 2000-372 of 26 April 2000 on the conditions of entry and residence of foreigners in French Polynesia is amended as follows:
1° After 17-1, three articles 17-2, 17-3 and 17-4 are inserted as follows:
"Art. 17-2.-Unless its presence constitutes a threat to public order, the administrative authority shall grant, as soon as possible, the issuance or renewal of the residence permit of the alien who has a protection order under section 515-9 of the Civil Code because of the violence committed by his spouse, his partner bound by a civil pact of solidarity or his concubine.
"Art. 17-3.-Unless its presence constitutes a threat to public order, a temporary residence permit bearing the words "private and family life" is issued abroad that has a protection order under section 515-9 of the Civil Code. The condition under section 6-1 of this order is not required. This temporary residence card opens right to the exercise of a professional activity.
"Art. 17-4.-In the event of a final conviction of the person in question, a resident card may be issued abroad having filed a complaint for an offence referred to in the first paragraph of Article 132-80 of the Criminal Code.
2° The IV of Article 44 is supplemented by a paragraph as follows:
"Unless its presence constitutes a threat to public order, the administrative authority shall grant, as soon as possible, the issuance or renewal of the residence permit of a foreigner who has a protection order under section 515-9 of the Civil Code. »
VII.-Ordinance No. 2002-388 of 20 March 2002 on conditions of entry and residence of foreigners in New Caledonia is amended as follows:
1° After 17-1, three articles 17-2, 17-3 and 17-4 are inserted as follows:
"Art. 17-2.-Unless its presence constitutes a threat to public order, the administrative authority shall grant, as soon as possible, the issuance or renewal of the residence permit of the alien who has a protection order under section 515-9 of the Civil Code because of the violence committed by his spouse, his partner bound by a civil pact of solidarity or his concubine.
"Art. 17-3.-Unless its presence constitutes a threat to public order, a temporary residence permit bearing the words "private and family life" is issued abroad that has a protection order under section 515-9 of the Civil Code. The condition under section 6-1 of this order is not required. This temporary residence card opens right to the exercise of a professional activity.
"Art. 17-4.-In the event of a final conviction of the person in question, a resident card may be issued abroad having filed a complaint for an offence referred to in the first paragraph of Article 132-80 of the Criminal Code.
2° The IV of Article 44 is supplemented by a paragraph as follows:
"Unless its presence constitutes a threat to public order, the administrative authority shall grant, as soon as possible, the issuance or renewal of the residence permit of a foreigner who has a protection order under section 515-9 of the Civil Code. »
VIII. ― Order No. 2000-371 of 26 April 2000 on the conditions of entry and residence of foreigners in the Wallis and Futuna Islands is amended as follows:
1° After section 16-1, three articles 16-2, 16-3 and 16-4 are inserted as follows:
"Art. 16-2.-Unless its presence constitutes a threat to public order, the administrative authority shall grant, as soon as possible, the issuance or renewal of the residence permit of the alien who is granted a protection order under section 515-9 of the Civil Code because of the violence committed by his spouse, his partner bound by a civil pact of solidarity or his concubine.
"Art. 16-3.-Unless its presence constitutes a threat to public order, a temporary residence permit bearing the words "private and family life" is issued abroad that has a protection order under section 515-9 of the Civil Code. The condition under section 6-1 of this order is not required. This temporary residence card opens right to the exercise of a professional activity.
"Art. 16-4. -In the event of a final conviction of the person in question, a resident card may be issued to a foreigner who has filed a complaint for an offence referred to in the first paragraph of Article 132-80 of the Criminal Code.
2° The IV of Article 42 is supplemented by a paragraph as follows:
"Unless its presence constitutes a threat to public order, the administrative authority shall grant, as soon as possible, the issuance or renewal of the residence permit of a foreigner who has a protection order under section 515-9 of the Civil Code. »
IX.-In the absence of adaptation, the references in this Act to provisions that are not applicable to Mayotte, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, Wallis and Futuna, French Polynesia and New Caledonia are replaced by references to the provisions having the same locally applicable object.
Sections 1 and 2, Article 5 I, Articles 11, 12, 13, 15, 18, 20 and 22 come into force on October 1, 2010.
This law will be enforced as a law of the State.
Done in Paris, 9 July 2010.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Labour, Solidarity
and the Public Service,
Eric Woerth
Minister of National Education,
Government spokesperson,
Luc Chatel
The Minister of Immigration,
integration, national identity
and solidarity development,
Eric Besson
Secretary of State
in charge of the family and solidarity,
Nadine Morano
