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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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I am Canadian & British dual citizen living in Paris. My question

Resolved Question:

I am Canadian & British dual citizen living in Paris. My question relates to what could happen if I were to be taken into custody in Paris on a charge of domestic abuse. I've heard stories of people in France spending months in jail awaiting trial without bail. I'll be visiting the UK this weekend. What would the legal implications be of not returning to France and remaining in the UK ?

background:
A statement was made to the police by my wife alleging domestic abuse leading to bruising. A medical examination was undertaken by the police. She has since signed a statement that I was not responsible for the bruises and she has been to the police to officially "cancel" the complaint. The police continue to investigate the matter and it is my impression that they are likely to take me into custody after a meeting arranged with me and my wife next week.
Submitted: 3 years ago.
Category: French Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Hi,


I'm ok to wait thanks.


Regards,


Gar

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Thegonnec replied 3 years ago.
The police will gather information on your background and convey a thorough investigation at the prosecutor's office request. From what you state above, and unless there are other elements not listed above which could lead the prosecutor's office to charge you formally of assault or domestic abuse, the chances that you be taken into custody are very slim. The worst you face is to be kept for questioning for 24 hours (garde à vue) in which case you will be assisted by a lawyer throughout the procedure.
Even in the vent they decide to charge you, there is very little chance, based on the information above, that you would be kept in custody pending trial.
Now, if you do as you suggest, it could be understood as an admission on your part. You risk an international/European arrest warrant being issued, which would effectively lock you in the UK for a very long while.
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience: 11 years experience as judge at Paris Industrial Tribunal
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