Moroccan Man Acquitted in Domestic Violence Case Near Montpellier

It all started with a complaint filed by a woman residing in Palavas-les-Flots. She explained to investigators that she had been a victim of domestic violence by her Moroccan-born husband, reports Midi Libre. She claims that he had hit her in the presence of their baby, threatened her with a knife, and also prevented her from going out, taking French classes, or completing the steps to obtain French nationality. Her husband, a 34-year-old Moroccan, had also allegedly confiscated the SIM card from her mobile phone. This domestic violence had left sequelae on the victim: an edema in the right eye and an erythema on one cheek. The forensic doctor issued her 4 days of total incapacity for work (ITT).

The trial opened on Tuesday before the criminal court. At the stand, the defendant does not acknowledge the facts. He firmly denies having raised his hand against "the one he no longer considers his wife." He questions the sincerity of his wife in their marriage. The couple married in December 2023, six months after they met. "For three months, I’ve been trying to make her leave gently. We’re living together at my place for the sake of the child. We were married, but there was nothing," he recounts, already in the past tense. When questioned about the marks noted on the victim’s face, he claims they are the consequences of cataract surgery. What about the confiscated SIM card? "It’s mine because it’s in my name," the defendant retorts to the presiding judge, Alix Fredon.

Nelly Smail, the Moroccan’s lawyer, highlights her client’s qualities. She describes him as a "calm, composed" man, second chef in a restaurant in Palavas. She also points out "obvious gaps in the investigation," with only the testimony of a neighbor who claims to "hear the blows through the apartment wall."

After learning of the withdrawal of the complaint by the victim, who was absent from the hearing, the prosecutor, Jean-Christophe Tixier, sticks to "the objective elements of the case": the forensic report and "the state of coercion at home" that emerges from the file, regarding a woman without French papers. He requests twelve months of suspended prison with full probation, a ban on contact with his wife, and an obligation to attend awareness training on intra-family violence.

The court does not follow his recommendation: it pronounces an acquittal in favor of the defendant, considering that it "did not have enough elements, and that a doubt remains to establish guilt."