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Residence permit for domestic violence victims in France

Suffering violence and worried about your right to stay? The residence permit for domestic violence victims protects you: protection order, residence card, renewal, resident card and support.

October 5, 20269 min read

Are you suffering violence from your partner, and does your right to stay depend on them? That fear holds many victims back. Yet French law protects you, with or without papers. In immediate danger, call 17. A lawyer reviews your situation in 20 minutes, in full confidence, on Avocat20min.fr.

Residence permit and domestic violence: three situations

The CESEDA, the French immigration code, protects victims in several ways. Your starting situation determines the right legal basis.

Your situation Protection Legal basis
You obtain a protection order One-year "private and family life" card, even without a permit Article L.425-6 of the CESEDA
You are the spouse of a French national The break-up cannot be held against you Article L.423-5 of the CESEDA
You came through family reunification Similar protection when violence ends the relationship CESEDA, family reunification
The abuser receives a final conviction Ten-year resident card Article L.425-8 of the CESEDA

The residence permit for domestic violence victims therefore does not depend on your abuser. It rests on your own situation.

The protection order, the first step

The family judge (juge aux affaires familiales) of the judicial court issues the protection order, the basis of the residence permit for domestic violence victims. You can apply yourself, with or without a lawyer. The public prosecutor may also apply, with your consent.

The judge checks two points: that the violence is plausible and that you are in danger. No prior criminal complaint is required. The judge rules within six days of setting the hearing date.

Since the law of 13 June 2024, the measures last twelve months, instead of six before. The same law created an immediate provisional protection order, issued within 24 hours at the prosecutor's request.

The order may in particular:

  • Forbid the abuser from approaching or contacting you.
  • Grant you the family home, save in special circumstances.
  • Allow you to keep your new address secret.
  • Settle the residence of the children and the contribution to their upkeep.

The residence card under Article L.425-6

With a protection order, the prefecture issues you a one-year "private and family life" card. It must do so as quickly as possible. This card allows you to work without a work authorisation.

The key point: no condition of lawful stay or visa applies. Only a threat to public order can justify a refusal. As a result, an undocumented person can obtain this residence permit for domestic violence victims.

Renewal follows protective rules:

  • While the order lasts: the card is renewed as of right.
  • After the order: if you have filed a complaint, it is renewed throughout the criminal proceedings.

The same card exists in the event of a threatened forced marriage (Article L.425-7 of the CESEDA).

Spouse of a French national: the break-up cannot be held against you

If your stay derives from your marriage to a French national, separation normally weakens your permit. Violence changes everything. Under Article L.423-5 of the CESEDA, the end of the shared life cannot be held against you when it results from family or domestic violence.

The prefecture can therefore neither withdraw your card nor refuse its renewal on that ground. You may even obtain a first card if the violence started before it was issued. Our article on separation and the spouse of a French national permit explains those rules.

You may prove the violence by any means: a complaint, a police report, medical certificates, statements from associations, messages, witness accounts.

The resident card after a conviction

For a residence permit based on domestic violence, Article L.425-8 of the CESEDA provides for a decisive step. If the abuser receives a final conviction, you are issued a ten-year resident card.

It requires two elements: a permit based on the protection order, and a complaint followed by a final conviction. The end of the shared life cannot then be held against you. Our article on the resident card presents that permit and its effects.

No fees to pay

A residence permit for domestic violence victims is exempt from the tax and the stamp duty. Article L.436-8 of the CESEDA covers in particular Articles L.423-5, L.425-6 and L.425-8. The exemption covers issue, renewal and duplicates.

For reference, a first card otherwise costs €350 since 1 May 2026, and a renewal €250. If the prefecture asks you for tax stamps, point to that article.

Filing a complaint: how to go about it

A complaint is not required for the protection order, nor for a first residence permit for domestic violence victims. It does matter, however, for renewal after the order and for the resident card.

You can file a complaint at a police or gendarmerie station. Officers are not allowed to refuse your complaint. You can also write to the public prosecutor. In addition, have your injuries recorded by a doctor, or at a forensic medical unit.

Keep all evidence in a safe place: photos, messages, certificates, copies of your documents. If the abuser has taken your passport, report that in the complaint too.

What about the children?

The protection order can set the children's residence with you. The judge may also arrange supervised contact, or even suspend it. Finally, they set the maintenance owed by the other parent.

If your children are French, another card remains possible: the parent of a French child card. It requires you to contribute to their upkeep and education. Our guides on shared residence and child maintenance help you prepare that side.

Where to find help

You are not alone. Several services answer free of charge:

  • 3919: Violences Femmes Info, free and anonymous, day and night.
  • 17: police or gendarmerie, in immediate danger.
  • 114: by text message, if you cannot speak.
  • 115: emergency accommodation.
  • 116 006: victim support, through the France Victimes network.

Specialist associations, such as the CIDFF, also help you with the formalities, including your residence permit for domestic violence victims. The official website arretonslesviolences.gouv.fr lists contacts near you.

Do you hear shouting next door and fear violence? Our article on neighbours arguing explains how to react and whom to call.

When to consult a lawyer

A lawyer helps you obtain the protection order, then your residence permit for domestic violence victims. They prepare the evidence and follow up with the prefecture. If it refuses, they challenge the decision before the administrative court. Our article on residence permit refusal explains that remedy. Depending on your income, legal aid (aide juridictionnelle) may cover the fees, sometimes provisionally in an emergency.

An immigration lawyer answers within 20 minutes. For the protection order and the divorce, a family lawyer can assist you.

Frequently asked questions


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