Italian legal separation: can you prevent access to the family house?
Within a context of legal separation, both spouse shall behave in a collaborative way. Even though the presence of clear evidences that the relation is now over, spouses shall never end to behave honestly with each other. Therefore, in presence of hindering conducts such as blocking the access to the family house to the other spouse. In fact, in such case, there might be consequences in terms either of child custody or alimony.
In the event one of the spouses changes the key of the family house, there might be two types of consequences. First, this conduct triggers private violence criminal offence with related right to compensation. Moreover, in relation to Family Law, this may be cause for separation besides loosing the right to alimony. Italian Supreme Judges have established that spouse shall collaborate throughout the separation process. In fact, it is unacceptable to manifest detachment or disaffection by aggressive behaviours such as changing the lock of the family house.
According to Verona first instance Court, lock changing is unlawful deprivation of possession. Therefore, it constitutes private violence criminal offence. Turin office for preliminary investigation agrees with Verona Court in finding that locking change constitutes private violence criminal offence.
On the contrary, it is possible to envisage that lock changing cannot be cause for separation nor being private violence in presence of situation of tension between the spouses. In that case, spouse’s mother was continuously intervening into the marital relationship by acceding to the family house.
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