In the cases provided for in articles 515-9 and 515-13 of the Civil Code, the matter shall be referred to the court by an application delivered or addressed to the registry.
In addition to the particulars prescribed by Article 57 of this Code, the application shall contain a summary statement of the grounds for the application and, in an annex, the documents on which the application is based. These requirements are prescribed on pain of nullity.
The judge shall immediately issue an order setting the date of the hearing.
Unless it is the author of the application, the public prosecutor is immediately notified by the court clerk of the filing of the application and the date of the hearing set by the family court.
This order specifies how it is to be notified.
A copy of the order is served:
1° On the claimant, by the court registry, by any means giving a date certain or by personal delivery against a receipt;
2° On the defendant, by service on his own initiative:
a) The applicant where he is assisted or represented by a lawyer;
b) The court registry where the applicant is neither assisted nor represented by a lawyer;
c) The public prosecutor where he is the applicant; In this case, the latter also has the order served on the person in danger;
3° By administrative means in the event of serious and imminent danger to the safety of a person concerned by a protection order or where there is no other means of notification.
Service must be effected on the defendant within two days of the order setting the date of the hearing, so that the judge can rule within the maximum period of six days set by article 515-11 of the Civil Code in compliance with the adversarial principle and the rights of the defence.
The copy of the writ of service must be delivered to the court registry no later than the hearing.
Service of the order is equivalent to summoning the parties.
In all cases, a copy of the application and the documents attached thereto shall be annexed to the order.
This order is a measure of judicial administration.