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Family Abuse: The Supreme Court Clarifies the Notion of Cohabitation (Judgment no. 17857 of 2025) | Bianucci Law Firm

Family Abuse: The Court of Cassation Clarifies the Notion of Cohabitation (Judgment no. 17857 of 2025)

The crime of family abuse (Art. 572 of the Italian Criminal Code) protects psychophysical integrity within significant relationships. Jurisprudence has extended the notion of "cohabitation" beyond marriage, including de facto unions and stable relationships. With judgment no. 17857, filed on May 12, 2025, the Court of Cassation clarifies the distinction between "cohabitation" and "living together", defining when a relationship, even with interruptions, constitutes the crime.

Cohabitation vs. Living Together: The Key to Judgment 17857/2025

The Supreme Court has clearly distinguished "cohabitation" from "living together". The latter is the physical sharing of a dwelling. Cohabitation, for Art. 572 of the Italian Criminal Code, is instead a "deep-rooted and stable interpersonal emotional relationship between the parties, with the sharing of the dwelling". Crucially, it does not cease due to "temporary and limited suspensions" of living together, especially "in moments of greatest criticality", provided they do not involve the "definitive cessation of the relational bond".

For the purpose of establishing the crime of family abuse, cohabitation, as a deep-rooted and stable interpersonal emotional relationship between the parties, with the sharing of the dwelling, must be distinguished from living together, so it does not cease due to temporary and limited suspensions of the latter in moments of greatest criticality, which do not involve the definitive cessation of the relational bond.

This maxim is fundamental. It clarifies that the law protects those who are part of a lasting relational context, even with temporary absences. If, during a crisis, a partner leaves but the emotional bond and the common life project are not definitively interrupted, "cohabitation" persists, allowing the crime of abuse to be established. The substantial nature of the bond, based on mutual rights and duties, is assessed rather than mere physical continuity.

Conclusions: Greater Protection for Victims

Judgment no. 17857 of 2025 strengthens the protection of victims of domestic violence, preventing abusers from evading responsibility by citing brief interruptions in living together. It represents a step forward in jurisprudence, offering a reading that is more aligned with reality and protective for victims, promoting a fairer justice that is sensitive to the dynamics of domestic violence.

Bianucci Law Firm