Understanding and Acting

Facing a situation of domestic violence or family abuse is a devastating experience, leaving deep emotional and psychological scars. Breaking the silence and seeking help requires immense courage. It is crucial to know that the Italian legal system offers concrete tools to protect victims and to sanction those responsible, not only criminally but also through compensation for all damages suffered. Understanding your rights is the first, essential step to escape a spiral of abuse and reclaim your dignity and safety.

In this context, professional support is crucial. The approach of lawyer Marco Bianucci, as a criminal lawyer in Milan with extensive experience in protecting victims of crimes, is aimed at providing comprehensive legal assistance: from assessing the most urgent protective measures to managing criminal proceedings, up to claiming fair compensation. The goal is to transform suffering into a path of justice and personal reconstruction.

The Legal Framework: Family Abuse and Domestic Violence

The relevant crime in these situations is abuse against family members or cohabitants, governed by Article 572 of the Criminal Code. This provision punishes not a single episode, but a series of habitual and abusive behaviors that impose a painful and humiliating way of life on the victim. This does not necessarily involve only physical violence; verbal aggression, constant humiliation, threats, economic deprivation, and social isolation also fall under abuse, when these acts are repeated over time and create a climate of fear and suffering.

Constitutional Complaint for Damages: The Path to Compensation

The victim of abuse has the right to claim compensation for damages suffered. The most effective legal tool to do so is the constitutional complaint for damages within the criminal proceedings. In this way, the offended person is not just a witness but becomes a full party to the proceedings, able to present evidence, request the examination of witnesses, and, above all, formally claim compensation directly from the criminal judge. This strategic choice allows for both the determination of the defendant's criminal liability and the quantification of the damages to be compensated to be concentrated in a single trial.

Types of Compensable Damages

The damage suffered by a victim of domestic violence is complex and multifaceted. The claim for compensation can and must include various items to reflect the totality of the prejudice suffered. The main categories of damages are: biological damage, understood as injury to the person's psycho-physical integrity, ascertainable through forensic medical examination; moral damage, which represents the inner suffering and anguish caused by the crime; and existential damage, which consists of the deterioration of the quality of life and the forced renunciation of activities and relationships that previously enriched the victim's existence. In addition, there is finally pecuniary damage, relating to all expenses incurred (medical care, psychological therapies) and lost earnings resulting from the abuse.

The Bianucci Law Firm's Approach to Victim Protection

The approach of the Bianucci Law Firm is based on two pillars: immediate victim protection and the construction of a solid procedural strategy. The first consultation is dedicated to an empathetic and confidential listening of the situation, with the primary goal of identifying the most urgent measures to ensure the safety of the person and their family members, such as requesting an order of removal from the family home or a restraining order.

Subsequently, lawyer Marco Bianucci, an expert criminal lawyer in Milan, develops a targeted defense strategy. This includes the meticulous collection of all necessary evidence to support the prosecution: medical reports, testimonies, messages, recordings, and psychological assessments. The constitutional complaint for damages is prepared with the utmost care to precisely quantify each item of damage, ensuring that the claim for compensation is fair and complete, taking into account every aspect of the suffering endured by the victim.

Frequently Asked Questions

What are the risks of reporting family abuse?

Reporting is an act of courage that activates state protection. The law provides for specific precautionary measures to protect the victim, such as the urgent removal of the perpetrator from the family home and a ban on approaching places frequented by the victim. The risk is not in reporting but in silence. An experienced lawyer can assist you from the very first moment to immediately activate these protective measures.

How long do I have to report domestic violence?

The crime of family abuse is prosecuted ex officio. This means there are no forfeiture periods for filing a report (complaint). However, it is essential to act as soon as possible. A timely report allows for the collection of more effective evidence, the interruption of criminal conduct, and the immediate activation of necessary protective measures to ensure your safety and that of your loved ones.

How is compensation for domestic violence damages calculated?

The quantification of compensation is a complex process. Biological damage is calculated based on forensic medical tables that assign an economic value to points of permanent or temporary disability. Moral and existential damage, on the other hand, are awarded by the judge equitably, i.e., based on an assessment that considers the severity of the facts, their duration, and their impact on the victim's life. Pecuniary damage is proven by documentation. Legal assistance is essential to properly value each item of damage.

Request Concrete Legal Support in Milan

If you are experiencing a situation of violence or abuse, the first and most difficult step is to ask for help. Lawyer Marco Bianucci and his law firm in Milan are ready to listen to you with the utmost confidentiality and provide you with the legal tools to protect your safety and obtain fair compensation. Qualified legal support not only ensures the protection of your rights but also represents fundamental support in the journey out of violence. Contact the firm at Via Alberto da Giussano, 26 for an assessment of your case and to define a personalized protection strategy.