Book IV: Some special procedures

A European protection order may be issued by the public prosecutor at the request of the victim or the victim’s legal representative. The victim shall be informed of this right when one of the prohibitions mentioned in Article 696-90 is issued in his or her favour. The competent public prosecutor is the one attached to the judicial court within whose jurisdiction is located the competent authority that ordered the prohibition…

The public prosecutor checks whether the decision establishing the protective measure was adopted in an adversarial procedure. If this is not the case, the public prosecutor notifies the offender of the decision or judgment containing the protective measures whose effects he intends to extend, before taking the European protection decision.

When a request is made for a European protection order to be issued, the public prosecutor assesses the need to grant it, taking into account in particular the length of time the victim intends to stay in the executing State. He may carry out or arrange for any further investigations he deems useful.

Protection measures which are based on a decision, order, judgment or ruling which has been transmitted for enforcement to another Member State pursuant to articles 696-48 to 696-65 or articles 764-1 to 764-17 may not give rise to the issue in France of a European protection order.

The public prosecutor shall transmit the European protection order to the competent authority of the executing State by any means that leaves a written record and under conditions that enable the addressee to verify its authenticity, accompanied by its translation either into one of the official languages of the executing State or into one of those of the institutions of the European Union accepted by that State. The public prosecutor…