The end of a marriage or a cohabitation always represents a delicate moment, often characterized by emotional tensions that can escalate into harmful behaviors. When conflict transcends the private sphere and turns into systematic denigration of the other person, especially if this attack affects their professional and social life, we are no longer dealing with simple relationship dynamics, but with actual illicit conduct. As a criminal lawyer in Milan, Avv. Marco Bianucci frequently assists professionals and citizens whose public image has been compromised by the vengeful actions of an ex-partner.

The damage to reputation, in an era dominated by digital communication, can have devastating and immediate consequences. It's not just about protecting wounded pride, but about safeguarding one's professional credibility and social relationships from unfounded accusations or malicious insinuations. Understanding the legal gravity of these actions is the first step to defending oneself effectively and restoring one's dignity.

The Crime of Defamation in the Family Context

In our legal system, freedom of expression and the right to criticism, even harsh criticism, find an insurmountable limit in respect for the dignity of others. Article 595 of the Italian Penal Code punishes anyone who, communicating with multiple people, offends the reputation of another. In the context of a separation or divorce, this crime often occurs when one spouse spreads false news or denigrating comments about the other to mutual friends, relatives, work colleagues, or, even more seriously, on social networks.

It is crucial to distinguish between a simple outburst, which, while unpleasant, may not have criminal relevance, and actual defamatory conduct. Case law is clear in holding that acrimony arising from the end of a relationship never justifies an attack on the ex-partner's moral sphere. Furthermore, if the offense consists of attributing a specific fact (for example, falsely accusing the ex-spouse of committing a crime or of specific immoral conduct), the penalty is increased. Protection also extends to compensation for damages, both material and non-material, arising from damage to one's image.

The Bianucci Law Firm's Approach to Image Protection

Avv. Marco Bianucci, an expert criminal lawyer in Milan, handles cases of marital defamation with a rigorous strategy aimed at the swift cessation of the harmful conduct. The primary objective is not to escalate the conflict, but to immediately put a stop to actions that harm the client and obtain fair compensation for the damages suffered. The defense strategy begins with a thorough analysis of the evidence: messages, social media posts, third-party testimonies, and emails are elements that must be collected and preserved with forensic precision to have value in court.

The firm's intervention typically involves two phases. Initially, a formal notice is considered, which is often effective in making the opposing party understand the seriousness of the legal consequences of their actions. If the defamatory conduct persists or the damage is already severe, Avv. Marco Bianucci proceeds with drafting and filing a complaint, subsequently constituting himself as a civil party in the criminal proceedings to claim damages. The in-depth knowledge of the procedural dynamics of the Court of Milan allows the firm to calibrate legal action to maximize the chances of success, while also protecting the client's privacy during such an exposed moment.

Frequently Asked Questions

What happens if my ex speaks ill of me on Facebook?

Defamation via social networks is considered an aggravated form of defamation (art. 595, paragraph 3 of the Penal Code) due to the potential uncontrolled dissemination of the offensive message. If your ex-spouse publishes offensive posts or denigrating comments visible to multiple people, they are committing a crime punishable by imprisonment or a fine, in addition to compensation for damages. It is essential to immediately save the evidence (screenshots, URLs) before it is deleted.

How long do I have to report defamation?

The deadline for filing a complaint for the crime of defamation is three months from the day on which one becomes aware of the act that constitutes the crime. It is crucial to act promptly as soon as one becomes aware of the offenses. After this deadline, it will no longer be possible to proceed criminally, although the possibility of a civil action for damages may remain within five years.

Can I claim damages if the defamation caused me to lose clients or work?

Absolutely yes. In addition to moral damages (inner suffering and damage to dignity), it is possible to claim compensation for material damages. If you can demonstrate a causal link between the ex-spouse's defamatory conduct and the loss of work opportunities, clients, or profits, Avv. Marco Bianucci can quantify such loss and request its full compensation by constituting himself as a civil party.

What evidence is needed to prove defamation?

To support a defamation claim, concrete evidence is needed to demonstrate the offense, its communication to multiple people, and the identifiability of the victim. Testimonies from people who have heard the offenses, screenshots of messages in group chats, emails sent to third parties, or recordings of conversations (provided they are legitimate) are useful. Accurate documentary collection is the basis of any effective defense strategy.

Request a Case Evaluation

If your reputation is under attack and you believe your ex-spouse's actions are exceeding the limits of legality, it is important to intervene before the damage becomes irreparable. Contact Avv. Marco Bianucci at the office located at via Alberto da Giussano, 26 in Milan to analyze your situation. Together, we will assess the grounds for criminal and civil protection, defining the most suitable strategy to protect your image and your professional future.