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Since 2010, psychological violence in the couple is recognized as a crime. It is therefore now possible to act if one feels the victim of repeated humiliation or verbal manipulation. Your lawyer , expert in his questions, assists you in court.
What is it about?
Psychological violence was recognized as a crime in 2010 as part of the fight against domestic violence. This violence is legally treated as physical violence. They result in a veritable phenomenon of spouse control over the victim and destructive manipulation. These can be verbal humiliations, a desire for social isolation on the part of the spouse, inability to work, etc. This degradation of living conditions then leads to an alteration of the physical or mental health of the victim.
How to prove them?
It is not easy to prove emotional abuse because it takes place in the privacy of the home. In addition, the manipulative spouse very often puts on a completely different face in public and comes across as a good person in all respects. In this area, the principle of freedom of proof dominates and the victim can provide proof of the violence in different ways: medical certificate, testimonials, SMS, etc. This proof must be obtained fairly, that is to say without fraud or violence: for example, proof reported following a search in the spouse’s e-mail box is not admissible.
You must first file a complaint for emotional abuse. The law has established a one-stop-shop system and even if it has no territorial jurisdiction, the police station must register the complaint. The victim can request a protection order from the family court judge. This prescription is taken for a maximum duration of four renewable months. The spouse may then be forced to leave the marital home or not have the right to approach the victim.
What is my spouse at risk?
The spouse can be prosecuted by the criminal court. He faces 3 to 5 years in prison and a fine of 45,000 to 75,000 euros. The amount is calculated according to the temporary incapacity for work (ITT) of the victim, that is to say the number of days of work not carried out due to the violence of the spouse. Even if they are separated, the ex-spouse or former cohabitant can also be prosecuted.
Société d’Avocats DAMY , Nice, My spouse shows psychological violence; 2022 Update