Frequently Asked Questions
The BHR firm and its fees
Who are the lawyers at the BHR firm?
BHR Avocats brings together three founding partners — Roxane Best , Louise Hennon and Jean-Baptiste Riolacci — all former Secretaries of the Conference of the Paris Bar, a two-hundred-year-old institution which selects twelve lawyers each year by eloquence competition to ensure emergency criminal defense.
The firm is assisted by its associates Emmanuelle Aurouze and Emma Scalzo , lawyers at the Paris Bar.
More information here .
In which areas does the BHR firm operate?
BHR Avocats primarily practices general criminal law and business criminal law, family law (divorce, child custody, child support), immigration law (residence permits, visas, right to reside), civil and commercial litigation (debt collection, summary proceedings, breach of contract, unfair competition) and press law (defamation, insult, invasion of privacy, illegal online content).
Our approach is based on our three values : tenacity , rigor , and creativity . We provide both strategic consulting and legal representation.
Where does BHR operate geographically?
The firm operates throughout France, with its usual activity concentrated in the Paris region.
Our offices are located at 26 rue de Clichy, 75009 Paris , a few minutes from the Paris Judicial Court. We travel to all regions for cases that warrant it.
How are fees determined at the BHR firm?
Fees are freely agreed upon with the client by written contract. Three billing methods exist: a fixed fee for a defined service, an hourly rate, and a supplementary success fee.
A fee agreement is signed before any work begins. An initial consultation is offered to assess the nature of the case and determine the most appropriate fee structure. The criteria used are those set by the RIN (National Internal Regulations of the Legal Profession): complexity of the case, time spent, and the lawyer's reputation.
More information here .
Can I receive legal aid at the firm?
Legal aid is available to people whose annual reference tax income is below a certain threshold. It allows for full or partial coverage of legal fees by the State.
The firm accepts legal aid cases in certain areas. Applications should be made to the relevant legal aid office. It is advisable to discuss this at the initial consultation.
You can determine your eligibility for legal aid in advance using this simulator.
What languages are spoken at the practice?
The firm works in French, English, Spanish, and Mandarin. This linguistic flexibility is particularly useful in immigration law and transnational cases.
In legal proceedings, we work with a network of sworn court interpreters.
How do I make an appointment with a lawyer from the BHR firm?
An initial appointment can be scheduled by phone , via the website's contact form , or by email . In case of emergency (police custody, detention, protection order), the firm provides 24/7 email support for its clients and handles cases as quickly as possible.
The initial consultation allows us to analyze the documents, assess the risks, and propose a strategy. Appointments are held at the office, 26 rue de Clichy, Paris 9th arrondissement, or via videoconference.
Criminal law
If I am taken into custody , what are my rights and what should I do?
In police custody, you have the right to a lawyer from the first interview, to remain silent, to notify a relative, to be examined by a doctor, and to be informed of the charges against you. The key is to request a lawyer and not answer any questions before they arrive.
Since the law of April 22, 2024, the waiting period that allowed for delaying the arrival of a lawyer has been eliminated: if the appointed lawyer is not available within two hours, a court-appointed lawyer is called. No statements made in police stations—including in the waiting room—are considered "off the record." Having the assistance of an experienced lawyer from the outset very often determines the outcome of the proceedings.
What is the maximum duration of police custody in France?
Police custody typically lasts 24 hours , which can be extended by an additional 24 hours, for a total of 48 hours (Articles 63 et seq. of the Code of Criminal Procedure). It can reach 96 hours for certain serious offenses and up to 144 hours in terrorism cases.
The countdown begins at the moment of arrest—not upon arrival at the police station. Any extension must be expressly justified, and the person must be brought before a magistrate before the extension, unless duly justified reasons prevent this. Minors are subject to special protections.
Puis-je refuser de parler lors d'une audition libre ou en garde à vue ?
Yes. The right to remain silent is a constitutional and conventional right, enshrined in Article 63-1 of the Code of Criminal Procedure. You can answer, refuse to answer, or even lie without facing prosecution for that reason alone. Only stating your identity is mandatory.
In practice, the firm recommends exercising this right until the lawyer has access to the case file and has had time to prepare a strategy. Many convictions are based on statements made during police custody without reflection or advice. Silence is not an admission of guilt and cannot legally be considered as such by a court.
What is an immediate appearance ?
Immediate appearance is an expedited trial procedure (articles 395 to 397-6 of the Code of Criminal Procedure) that takes place after police custody, before the correctional court, either on the same day or within three days. It applies to offenses punishable by at least two years' imprisonment.
The defendant may agree to be tried immediately or request a postponement to prepare their defense, which generally results in pretrial detention. The choice is strategic : it depends on the nature of the charges, the state of the case, and the defendant's personality. Given the urgency of the situation, the assistance of an experienced lawyer is essential.
What is a CRPC (comparution sur reconnaissance préalable de culpabilité)?
The CRPC, sometimes called "French-style guilty plea" (articles 495-7 et seq. of the Code of Criminal Procedure), allows a defendant who admits to the facts to negotiate their sentence with the prosecutor, which is then approved by a judge. It applies to offenses punishable by a prison sentence of five years or less.
The presence of a lawyer is mandatory and cannot be waived. The procedure has two advantages: avoiding a public hearing and obtaining a negotiated sentence, which is often more lenient. The defendant has ten days to accept or refuse the proposed sentence; if refused, the case is referred to the criminal court.
However, be aware that the CRPC (plea bargaining procedure) is not always the best solution when it is offered. It is essential to discuss it with your lawyer.
What is pre- trial detention and how long does it last?
Pre-trial detention is the incarceration, before trial, of a person under investigation when less coercive measures (judicial supervision, house arrest with electronic monitoring) are insufficient. It is ordered by the judge of freedoms and detention (JLD) and strictly regulated by Articles 143-1 et seq. of the Code of Criminal Procedure.
Its duration varies depending on the offense: for misdemeanors, four months renewable up to a maximum of one year (two years in certain cases); for felonies, one year renewable up to a maximum of two to four years. Applications for release may be filed at any time. The firm frequently appears before the investigating chamber to challenge these detention orders.
How to appeal a criminal conviction?
An appeal against a correctional judgment must be filed within ten days of its pronouncement (Article 498 of the Code of Criminal Procedure), by declaration to the clerk of the court that rendered the decision. It has a suspensive effect on the custodial sentence, unless a warrant for committal is issued at the hearing.
In criminal matters, the deadline is also ten days, and the appeal is heard by a new assize court. The firm recommends discussing the appeal decision with your lawyer as soon as the verdict is delivered, as a swift analysis of the judgment and the procedure is essential to assess the chances of success and the risks of a harsher sentence.
When and how to challenge a judicial review ?
Judicial supervision is a restrictive measure of liberty (prohibition from appearing in public, surrender of passport, mandatory reporting, bail, etc.) ordered by the investigating judge or the judge of liberties and detention. Its obligations can be challenged or eased at any time by a reasoned request from the lawyer, pursuant to Article 140 of the Code of Criminal Procedure.
If the obligations are violated, judicial supervision can be converted into pre-trial detention. It is therefore crucial to promptly request the modification of disproportionate obligations—for example, those that prevent the individual from working, accessing their children, or receiving medical care. The judge typically rules within five days.
I am the victim of a crime: should I file a complaint or become a civil party?
Filing a complaint at the police station or by mail to the public prosecutor is the first step. If the prosecutor's office dismisses the case or remains inactive for three months, the victim can file a civil suit by filing a complaint with the investigating judge (Article 85 of the Code of Criminal Procedure), which automatically triggers an investigation.
Becoming a civil party allows you to access the case file, request investigative measures, obtain compensation for damages, and, if applicable, be heard at the hearing. A deposit is required, unless legal aid is granted. The firm assists victims of offenses from the moment a complaint is filed.
Family Law
What are the different forms of divorce in France?
French law distinguishes four ways of divorce: divorce by mutual consent (amicable, signed at the lawyer's without a judge since 2017), accepted divorce (principle accepted, consequences debated), divorce for permanent breakdown of the marital relationship (after one year of separation) and divorce for fault.
The choice depends on the level of agreement between the spouses, the financial stakes, the presence of children, and any history of violence. Divorce by mutual consent is the quickest and least expensive; divorce based on fault is the longest and most contentious. The firm advises on the most suitable option from the initial consultation.
How long does a divorce procedure take?
A divorce by mutual consent is generally finalized in three to six months . A contested divorce before the family court judge (JAF) lasts on average 18 to 30 months between the petition and the final ruling, depending on the complexity of the case, the court involved, and the number of hearings required.
The firm observes significantly longer processing times in the Paris region (Paris, Nanterre, Bobigny) due to court backlogs. In cases requiring urgent measures (child custody, child support, marital home), a conciliation order or a provisional measures order can be obtained within a few weeks.
How much does a contested divorce before the family court judge cost?
Le coût d'un divorce contentieux varie en moyenne entre 3 000 € et 8 000 € HT d'honoraires par époux, selon la complexité du dossier, le nombre d'audiences et l'existence d'enjeux patrimoniaux ou de garde. Les divorces pour faute ou à forte dimension patrimoniale peuvent dépasser 10 000 €.
La saisine du JAF est gratuite depuis 2014 (pas de droit de plaidoirie ni de timbre fiscal). Les frais additionnels possibles : notaire pour la liquidation du régime matrimonial, expert (immobilier, comptable), huissier. Le cabinet propose systématiquement une convention d'honoraires détaillée après le premier rendez-vous, avec estimation chiffrée.
How is child support determined?
Child support (Article 371-2 of the Civil Code) is determined based on the resources of the paying parent, the child's needs, the custody arrangement, and the resources of the receiving parent. The Ministry of Justice publishes an indicative reference table, used by the majority of family court judges.
It is payable until the child becomes financially independent, not automatically upon reaching the age of majority . In the event of a change in circumstances (job loss, change in childcare arrangements, increased expenses), a review can be requested at any time by filing a petition with the family court judge. Since 2023, financial intermediation by the CAF (Family Allowance Fund) has become systematic to ensure payment.
Comment se fixent la résidence des enfants et le droit de visite ?
The children's residence is determined by the family court judge in accordance with the best interests of the child (Article 373-2-6 of the Civil Code): shared custody, residence with one parent with visitation and overnight stays for the other, or another arrangement. The Court of Cassation clearly recognizes shared custody as a legal option, including for young children.
The criteria considered by the judges include: each parent's ability to provide for daily needs, the stability of the living environment, geographical proximity, the child's age and maturity, and the child's opinion once they reach an age of discernment (often 10-12 years old, after a hearing in accordance with Article 388-1 of the Civil Code). If an agreement is reached, a parenting agreement can be approved by the family court judge.
I am a victim of domestic violence : how can I obtain a protection order?
A protection order (articles 515-9 et seq. of the Civil Code) is issued urgently by the family court judge to the victim of domestic violence. The hearing must be held within six days of the date it is scheduled, and the order is immediately enforceable, whether or not a complaint has been filed.
It can, in particular, order the removal of the abusive spouse, the allocation of the family home, a restraining order, the temporary establishment of child custody arrangements, and the concealment of the victim's address. Since 2024, a provisional order for immediate protection (OPPI) can be issued within 24 hours in cases of serious and immediate danger. The firm assists both victims and those accused in these proceedings.
What is parental authority and can it be withdrawn?
Parental authority encompasses all the rights and responsibilities of parents towards their minor child (Article 371-1 of the French Civil Code): education, health, schooling, and legal authorizations. It is generally exercised jointly, even after separation. Routine decisions are presumed to be authorized by the other parent; significant decisions require their explicit agreement.
It can be revoked by the family court judge or the criminal court in serious cases: conviction as a perpetrator or accomplice of a crime or offense against the other parent or the child, manifest neglect for more than two years, or endangerment of the child. Revocation is not automatic and requires a specific procedure.
Aliens' rights
What is an OQTF and how can it be contested?
An Obligation to Leave French Territory (OQTF) is an administrative decision issued by the prefecture ordering a foreign national to leave the territory, generally following a refusal of a residence permit or an inspection for irregular status. It is based on the CESEDA (articles L. 611-1 et seq.).
Appeals against deportation orders (OQTF) are filed with the Administrative Court within varying timeframes: 30 days for OQTFs with a period for voluntary departure, 48 hours for OQTFs without a period, and 96 hours in cases of detention. These deadlines are mandatory—any late filing is inadmissible. Our firm handles these cases urgently.
How long do I have to contest an OQTF?
The time limit depends on the type of removal order issued. A standard removal order with a 30-day period for voluntary departure must be contested within 30 days . A removal order without a departure period (in cases of asylum refusal, public disorder, or absconding) must be contested within 48 hours . A removal order issued while in administrative detention must be contested within 96 hours .
All these timeframes are calculated in hours, not working days—weekends and public holidays included. Due to the urgency, it is imperative to contact a lawyer as soon as the decision is notified. A summary application can be filed within hours and then formalized. Our firm regularly handles these cases before the Administrative Courts of Paris, Montreuil, and Melun.
What are the grounds for the cancellation of an OQTF?
The most frequently cited grounds for annulment by administrative courts are: lack or insufficiency of reasoning, absence of individual examination of the situation, disregard for the right to be heard, disproportionate interference with private and family life (Article 8 ECHR), particular medical situation or risks in case of return.
The firm builds each appeal around all the supporting documents in the case file: civil status documents, proof of residence, medical certificates, pay slips, statements from relatives, and school records for children. Preparing the file within the first 48 hours is crucial for the appeal's success.
How to apply for asylum in France?
The asylum application process begins with a visit to the GUDA (Single Window for Asylum Seekers) where the person is registered and receives an asylum application certificate. They then submit their application to the OFPRA (French Office for the Protection of Refugees and Stateless Persons) within 21 days, which makes a decision after a confidential individual interview.
If your application is rejected by the OFPRA (French Office for the Protection of Refugees and Stateless Persons), you can appeal within one month of notification to the CNDA (National Court of Asylum), which will rule in a public hearing or before a single judge. Legal representation is not mandatory but is strongly recommended: it significantly increases the chances of acceptance.
What to do if placed in an administrative detention center (CRA)?
Detention is ordered by the prefect for the purpose of executing a removal order (OQTF, readmission, expulsion). The person is brought before the judge of freedoms and detention (JLD) within 48 hours, who decides on an extension of 28 days and then, if necessary, an additional 30 days (maximum total duration: 90 days, extended to 210 days in the event of a terrorist threat).
The foreign national has the right to a lawyer and an interpreter. Two legal proceedings are taking place simultaneously : an appeal against the removal order before the Administrative Court (within 48 hours) and a challenge to the detention before the judge of liberties and detention. The firm can be contacted urgently for these proceedings.
How to obtain a residence permit in France?
The residence permit is issued by the prefecture according to the reason given: private and family life (spouse of a French citizen, parent of a French child, personal and family ties), work (employee, talent passport), studies, sick foreigner, visitor, etc. Each category requires specific conditions and supporting documents, as stipulated by the CESEDA (Code of Entry and Residence of Foreigners and the Right of Asylum).
Applications are now largely submitted online. Processing times vary considerably depending on the prefecture and the reason for the application—from several months to over a year. In case of refusal, an informal appeal followed by legal action before the administrative court is possible within two months. Our firm assists with preparing the application and with the appeals process.
We have provided you with a special form to expedite the processing of your case.
What is regularization through exceptional admission to residency ?
Exceptional admission to residency (articles L. 435-1 et seq. of the CESEDA) allows the prefect, on an exceptional basis, to issue a residency permit to a foreign national in an irregular situation who can demonstrate significant integration. It is not a right but a discretionary power governed by the so-called "Valls" circular of November 28, 2012, amended in 2023.
The main criteria are: length of residence in France (generally a minimum of 5 years for private and family life, 3 years for work), proof of professional activity, family ties, children's schooling, and cultural and linguistic integration. The firm assesses the chances of regularization beforehand and compiles the application in a comprehensive and chronologically documented manner.
What is an IRTF (return ban) and can it be challenged?
The Ban on Returning to French Territory (IRTF) is a measure often accompanying the OQTF (Obligation to Leave French Territory), which prohibits the foreign national from returning to the territory for a period of one to five years (Article L. 612-6 of the CESEDA). It results in a notification to the SIS II file applicable throughout the Schengen Area.
It is contested through the same appeal process as the removal order (OQTF), within the same time limits (30 days, 48 hours, or 96 hours, depending on the case). Once executed, the removal order can, under certain conditions (effective return to the country of origin, humanitarian circumstances), be appealed to the prefect. The legal proceedings are technical and require a thorough analysis of the prefect's reasoning.
What type of visa do I need to apply for to come to France?
The choice of visa depends on the purpose and duration of the stay. The main categories are: the Schengen short-stay visa (less than 90 days, tourism, business, family visit), the long-stay visa (studies, work, spouse of a French citizen, family reunification), the "talent passport" visa for qualified individuals and entrepreneurs, and the settlement visa (retirees, visitors).
The firm intervenes early on to advise on the most suitable category for the project (particularly for high-stakes profiles: talent passport, family reunification, spouse of a French citizen, entrepreneur), assess the chances of success, and anticipate potential difficulties. This preliminary analysis prevents misdirected applications, unnecessary delays, and costly rejections that would be difficult to appeal later.
How does the law firm BHR Avocats assist with a visa application?
The firm assists with the application at each stage: project analysis, choice of visa type, file preparation (civil document, proof of resources, attestations, professional project), sworn translation, appointment scheduling with the consulate (particularly via France-Visas and service providers VFS, TLScontact, BLS), and follow-up until the decision.
A specific form is available here to facilitate the processing of your request.
Appointments with the applicant are held via videoconference when they are abroad, in French, English, Spanish, or Mandarin, allowing for remote support in all consular zones. In case of refusal, the firm files an informal appeal with the consular authority, a mandatory preliminary appeal with the CRRV in Nantes, and, if necessary, a formal appeal with the Council of State.
Can I appeal a visa refusal?
A visa refusal may be appealed to the Commission for Appeals Against Visa Refusals (CRRV) in Nantes within two months of notification. Without this appeal, the administrative judge will refuse to examine the application. The CRRV has two months to issue a decision; its silence constitutes an implicit rejection.
In the event of an explicit or implicit rejection, the applicant may appeal to the Council of State (the court of first and last instance in this matter) within two months. The reasoning behind the refusal, often brief, may itself constitute grounds for annulment. The firm specializes in cases involving refusals of long-stay visas for family reunification, studies, and talent passports.
Civil, commercial and press law litigation
How to recover an unpaid debt ?
Three main avenues exist depending on the nature and amount of the claim: the order to pay , a quick and inexpensive procedure for certain, liquid and due claims (articles 1405 et seq. of the Code of Civil Procedure); the interim provisional order , when the obligation is not seriously contestable; and the summons on the merits when the claim is contested or complex.
Since the reform that came into effect on September 1, 2026, the order to pay must be served within three months (instead of six) or it will lapse. The debtor has one month to file an objection. Our firm assists at every stage: initial formal notice, filing the claim, service by a bailiff, monitoring of enforcement, and defense in the event of an objection.
What is an interim injunction procedure and when should it be used?
Summary proceedings are an expedited procedure before the president of the court, allowing for a provisional decision to be obtained within a few days to a few weeks, without waiting for a final judgment. They require urgency, the absence of serious dispute, or the existence of imminent harm or a manifestly unlawful disturbance (Articles 834 and 835 of the Code of Civil Procedure).
The firm uses summary proceedings in numerous areas: interim relief (for uncontested debts), injunctions (for the production of documents, eviction), expert assessments ( for future investigative measures), immediate relief in press law (removal of defamatory content), and protective measures. It is often a decisive tool for resolving tense situations.
Abrupt termination of business relations or unfair competition : what legal recourse is available?
The abrupt termination of an established business relationship (Article L. 442-1 of the Commercial Code) gives rise to compensation when a partner terminates, without written notice taking into account the length of the relationship, a stable business relationship.
Unfair competition , based on articles 1240 and 1241 of the Civil Code, penalizes the wrongful conduct of a competitor: denigration, parasitism, unlawful poaching, confusion.
The competent courts are the commercial court (for disputes between merchants or companies) or the civil court . In addition to damages, injunctions and publication of the judgment may be obtained. The firm assesses the strength of the case (evidence, age of the dispute, industry practices) and handles these often technical disputes, particularly through summary proceedings when the harm is ongoing.
Defamation , insult or denigration : what are the differences and how should you react?
Defamation (Article 29 of the Law of July 29, 1881) is the allegation of a specific fact that harms someone's honor or reputation. Insult is an offensive expression that does not contain the imputation of any fact. Disparagement , on the other hand, refers to derogatory remarks about the products or services of a competing company—it falls under civil law (unfair competition) and not the 1881 law.
The procedure varies considerably depending on the nature of the offense: in cases of defamation and libel, the procedure is highly formalistic (mandatory statements are required under penalty of invalidity) and the deadlines are short. The firm recommends never reacting publicly before seeking advice: an ill-judged response can exacerbate the situation and jeopardize the chances of legal success. A suitable strategy may combine reporting, right of reply, summary proceedings, and criminal or civil action.
What are the time limits for taking action under press law?
Press offenses (defamation, public insult, incitement, false news) are subject to a three-month statute of limitations from the date of publication (Article 65 of the Law of July 29, 1881). This very short period is mandatory: after three months, any action is inadmissible, unless a valid act has been carried out in the interim to interrupt the statute of limitations.
A complaint with a civil claim, a direct summons, or a preliminary indictment must precisely define the facts , cite the applicable legal texts , and reproduce the offending statements exactly , otherwise it will be invalid. This formal requirement makes press litigation one of the most technical areas of French law. For statements made online, the starting point is the initial online publication; however, each republication can constitute a new triggering event.
How to get defamatory or illegal content removed online?
Two main ways: notification to the hosting provider on the basis of the LCEN (law for confidence in the digital economy) and the European Digital Services Act regulation, which requires the rapid removal of manifestly illegal content upon reasoned notification; and summary proceedings before the judicial court or the commercial court, allowing for the order, as a matter of urgency, of the delisting or removal of the content, accompanied by a penalty payment.
The firm frequently combines these approaches: formal notices to the publisher and hosting provider, emergency injunctions in cases of clear urgency (serious breach of privacy, honor, or reputation), requests for delisting from search engines, and, if necessary, criminal complaints. In parallel, a structured communication strategy helps avoid the Streisand effect—the unintentional amplification of content by the reaction.