French Government intend to make shouting at your partner a criminal offence

The French Premier, Francois Fillon, has announced the government’s intention to create a new criminal offence of ‘psychological violence’ where couples are married or cohabiting. This would mean that verbal abuse directed towards your spouse or partner would be against the law. It is anticipated that this would include rudeness about their appearance, threats of violence, false allegations such as adultery and swearing.

Whilst it appears that the police would initially be encouraged to simply issue a caution, it is possible that an individual could face a fine, a restraining order or imprisonment if they are a persistent offender.

It is expected that family solicitors will agree that there could be significant difficulties in proving that such an offence has been committed. It is likely to arise in a family situation where there are no witnesses present and where there may be conflicting accounts from each party. It may also be difficult to determine what breaches the law and criminalise individuals having arguments within the course of a relationship, which may be considered completely normal.

In the event that the law is successful in France, there may however be pressure for a similar law to be introduced in Britain. If this were to happen family solicitors here would have to warn all clients about this possibility when advising them.