Domestic violence: bracelet extended for pre-2020 incidents

Set up as part of the law of December 28, 2019 to take action against domestic violence, the bracelet is a device to monitor perpetrators of domestic violence, to prevent them from approaching their victims. A decree, published in Official Journal in september 2020, details the implementation of the mobile anti-reconciliation electronic device.

The decision to require the wearing of an anti-rapprochement bracelet may be made:

• in criminal proceedings, by order of the investigating judge or the judge of freedoms and detention to accompany a judicial review and as a conviction;
• in civil proceedings, by the family judge in the case of a protection order for a woman who denounces violence and is considered to be in danger. In this case, the consent of the violent spouse must be sought before the bracelet is placed. If he refuses, the judge may refer the case to the Public Prosecutor for a criminal investigation, after which he may decide to impose it if he considers it necessary.

The measure shall be ordered for a period which may not exceed six months and may be renewed subject to certain conditions. The total duration may not exceed 2 years.

The mechanism

• The anti-rapprochement bracelet makes it possible to geolocate the abusive spouse or former spouse and to trigger an alert system when it approaches the protected person beyond a perimeter defined by the judge. In this case, he is immediately contacted by a remote assistance platform. If he doesn't respond or doesn't turn back, law enforcement is alerted.
• The protected person has a box that he must always keep with him and that allows him to be geolocated. It can contact the operator directly at any time.

Alert distance

The warning distance shall not be less than 1 km or more than 10 km. The pre-alert distance is twice the alert distance. For example, for an alert distance of 2.5 km, the pre-alert distance will be 5 km.

In determining the victim's identity, the judge must reconcile the need to protect the victim with respect for the dignity, integrity and private, family and professional life of the person wearing the bracelet. It must also ensure that the implementation of the measure does not hinder its social integration, taking into account in particular the location of homes and workplaces and the respective modes of travel.

If the prohibition on reconciliation imposed leads to a large number of alerts that excessively undermine the right to respect for their private and family life, both parties may ask the judge to review the distance of alert, or to end the obligation to wear the bracelet.

The processing of personal data

The Decree of 24 September 2020 creates a processing of personal data aimed at ensuring the remote control of the persons covered by the device. This treatment is under the supervision of a magistrate.

The data relating to the wearer of the anti-rapprochement bracelet, the protected person, the authorized personnel of the prison administration services as well as the authorized personnel responsible for the remote control of the device are specified in the decree (identity, personal contact details, persons to be contacted in case of emergency, data relating to decisions ordering the device, record of the GPS positions of the bracelet, data relating to the remote protection device, list of alerts issued, identification of the magistrate and of the controllers, etc.).

The processing of data also serves a statistical purpose.