Domestic violence: MPs vote en masse for the anti-approximation bracelet

The text was almost unanimous with the deputies. Tuesday, the National Assembly a bill LR against domestic violence that provides for the establishment in France of the anti-approximation bracelet for violent spouses.

Validated at the Palais Bourbon by 551 votes to 2 and one abstention, it will be transmitted to the Senate in accelerated procedure. According to the Minister of Justice Nicole Belloubet, the goal is to launch the "early 2020" device.

The anti-approximation bracelet (BAR) makes it possible to geolocate and keep at a distance the spouses and violent ex-spouses by triggering a signal, with a remoteness perimeter fixed by a judge. It exists in several European countries, especially in Spain, where feminicides have decreased significantly. In France, 121 feminicides took place in 2018, according to the Ministry of the Interior. And this figure has already been reached in 2019, according to the count of associations.

Several experiments had already been voted in France, without ever being implemented in the field. This time, the bracelet must be authorized both in criminal and civil law, with the need to obtain the consent of both spouses, including the perpetrator of the violence, to avoid any risk of unconstitutionality.

An alternative to pre-trial detention

In the criminal case, the spouse or ex-violent spouse will have an interest in accepting it to avoid pre-trial detention or to benefit from a sentence adjustment if he is already convicted. In civil cases, in case of refusal of the bracelet, the judge for family matters (JAF) can immediately notify the public prosecutor. The government will have to mobilize between five and six million euros to launch the bracelet.

The law also sets a six-day limit for a Family Protection Judge (JAF) who is seized of a protection order to shelter an abused person. It also aims to broaden and generalize the use of serious danger phones. These devices, equipped with a single key to call emergency help, are still underutilized.

For his proposed law, the deputy Aurelien Pradie has cleverly profited from the "niche" LR, a day reserved for a political group to present texts. He preceded the majority in full Grenelle domestic violence, initially causing some embarrassment in the "walkers", while the working groups of the Grenelle must make their proposals on October 28.