Domestic violence cases are often subject of many news. It depicts a sort of violence that takes place within a familiar residence targeting children, women, elders, and weakest subjects. According to the art. 572 Civil Code, “whoever abuses of family member or domestic partner, or any individual subject to his/her authority is punished to imprisonment from three to seven years”.
Domestic violence entails both physical violence and psychological abuses targeting victims’ moral dignity. In the event the distress caused by the violence turns into a psychological subjection, the conduct could be interpreted as familiar mistreatments. However, most of the times, domestic violence turns into sexual violence and stalking offences.
The first safeguard is the legal complaint (Denuncia/querela) which does not require lawyer legal assistance. Once the legal complaint has been submitted, the Prosecutor will assess the case evaluating a possible legal action.
The second safeguard is related to victim security after legal complaint submission. In fact, Italian Legislator wants to avoid victims and offenders may live within the same dwelling after legal complaint submission. Then, restraining or removing orders might be used to safeguard victim’s wellbeing and security within family residence. Under certain circumstances, judges may limit offender’s freedom of movement by ordering to not approach the dwelling.
Should you need any information about this delicate matter, do not hesitate to contact us. Our family lawyers are perfectly able to assist you.