My husband is aggressive. How can I protect my child?
My husband is aggressive. How can I protect my child?
"My husband and I separated last May because his verbal and physical abuse was becoming unbearable for me. Since then, he has been harassing me by calling me several times a day and frequently turning up at my home. If I don't open the door for him, he rings the bell and shouts loudly. It's unbearable and given his threats I'm very afraid of a serious physical attack. What can I do?"
Michelle, Meyrin
Articles 171 et seq. of the Civil Code provide for a series of measures designed to help spouses deal with any difficulties they may encounter in their life together.
On the one hand, the law establishes marital or family counselling offices that spouses in difficulty can contact together or separately.
On the other hand, when a spouse does not fulfil his or her family duties or when the spouses disagree on a matter of importance to the marital union, they may request judicial measures.
The judge reminds the spouses of their duties and attempts to reconcile them; if he or she considers it necessary, he or she may take steps to set a financial contribution due for the upkeep of the family, withdraw a spouse's right to represent the conjugal union if he or she exceeds his or her right of representation, and organise separate living in the event of suspension of cohabitation, in particular by awarding one of the spouses exclusive enjoyment of the conjugal home. Last but not least, the judge determines which parent will have custody of the children from now on, setting visiting rights for the other, which may be more or less strict depending on the circumstances of the case.
From a procedural point of view, a distinction must be made between these "Measures for the protection of the marital union", which are taken in the absence of any divorce proceedings, and "Provisional measures", which can be applied for in the context of divorce proceedings.
If you refer the matter to the "Measures for the Protection of the Marital Union" judge, the latter may, in the event of violence, threats or harassment, prohibit your husband from approaching more than a certain distance from your home or place of work, by applying the legal provisions relating to the protection of privacy.
