Section IIc : Mobile electronic anti-seizure devices for the protection of victims of violence

Where the wearing of a mobile anti-collision device provided for in article 515-11-1 of the Civil Code is requested by either of the parties, any information relating to the family situation shall be attached in support of the request, material and social situation of the two parties, to enable the judge to determine the warning and pre-alert distances defined in article 1136-17 of this Code. When the judge orders the…

The decision ordering the wearing of a mobile electronic anti-collision device sets out the duration of the measure and the conditions for its implementation, in particular the pre-alert and alert distances separating the two parties. The pre-alert distance, expressed as a whole number of kilometres, may not be less than one kilometre or more than ten kilometres. The warning distance, expressed as a whole number of kilometres, may not be…

The family court judge who orders the wearing of the mobile electronic anti-seizure device sets its duration, up to a maximum of six months, depending on the circumstances of the case and the need for protection of the requesting party. The consent of the parties must be reiterated when the renewal of the device is ordered or when the effects of the protection order are extended pursuant to articles 1136-13…

Before consenting to the wearing of a mobile anti-attachment device, the parties shall receive the following information from the family court judge: 1° The defendant’s refusal to fit the anti-attachment bracelet, to the wearing of which she had previously consented, constitutes a breach of the obligations imposed in the protection order, which may give rise to criminal proceedings on the basis of Article 227-4-2 of the Criminal Code; 2° Failure…

In the event of difficulties in carrying out the measure of wearing the mobile electronic anti-rapprochement device mentioned in the article 515-11-1 of the Civil Code, the matter may be referred to the Family Affairs Judge at any time under the conditions of the article 515-12 of the Civil Code, by either of the parties or by the public prosecutor, in order to modify all or part of the measures…

By way of derogation from Article 1136-12, failing which the family affairs judge, seised under article 1136-20, to have ruled within ten days on the application to modify the protection order relating to the release of the mobile electronic anti-seizure device referred to in article 515-11-1 of the Civil Code, it is acquired by operation of law.

The automated processing of personal data, referred to in II of Article 515-11-1 and known as the “anti-rapprochement bracelet”, is governed by Articles R. 631-6 to R. 631-14 of the Prison Code.

Where a restraining order accompanied by the obligation to wear an anti-approach electronic bracelet issued in the context of criminal proceedings pursuant to the article 138-3 of the code of criminal procedure or the article 132-45-1 of the Penal Code is implemented in accordance with the provisions of the last paragraph of article R. 631-1 of the Penitentiary Code, the measure ordered pursuant to Article 515-11-1 of the Civil Code…