Facing the suspicion that one's child may be a victim of abuse, physical or psychological, undoubtedly represents one of the most distressing and complex situations a parent can experience. The absolute priority becomes the immediate safety of the minor, balanced by the need to act with extreme legal caution to avoid missteps that could compromise the child's protection. As a family lawyer in Milan, Avv. Marco Bianucci deeply understands the delicacy of these circumstances, where the timeliness of intervention must be combined with an impeccable legal strategy to protect the child's psychophysical integrity.

The Regulatory Framework and Protection Tools in Italy

The Italian legal system provides specific and incisive tools for the protection of minors in dangerous situations. When indications of abuse or mistreatment emerge, family law inevitably intersects with criminal law. The Civil Code, through articles 330 and 333, allows for requests to the Juvenile Court for measures limiting or removing parental responsibility, up to its forfeiture in the most serious cases. In parallel, article 403 of the Civil Code allows public authorities to intervene urgently to place the minor in a safe place if there is a serious danger to their integrity.

It is crucial to understand that a mere accusation, if not supported by concrete elements or serious, precise, and consistent indications, may not be sufficient to immediately change custody and visitation arrangements. Judges must balance the child's right to both parents with the need for protection. For this reason, investigations, often supported by psychological assessments (CTU) and the protected hearing of the minor, play a crucial role in establishing the truth. The legislation aims to immediately stop harmful conduct but requires a rigorous evidentiary process to adopt definitive measures.

The Approach of the Bianucci Law Firm in Protecting Minors

Avv. Marco Bianucci, an expert lawyer in family law and child protection in Milan, handles these cases with an approach that prioritizes urgency and maximum confidentiality. The firm's strategy is based on an immediate preliminary analysis of the available evidence to assess the existence of grounds for an urgent application. It is not just about filing a legal document, but about building a protective network around the child, collaborating where necessary with party-appointed technical consultants, child psychologists, and forensic doctors to solidify evidence without subjecting the minor to further stress.

As a family lawyer with extensive experience in high-conflict cases, Avv. Marco Bianucci guides parents through the complex procedures of the Juvenile Court and the Ordinary Court. The goal is to obtain immediate precautionary measures, such as suspending contact with the parent suspected of abuse or establishing supervised visits in the presence of Social Services, ensuring that every legal action is focused solely on the child's best interests. Firmness in legal action is always accompanied by deep human sensitivity, necessary to support the client in a moment of extreme vulnerability.

Frequently Asked Questions

What should I do if I have a concrete suspicion of abuse of my child?

The first step is to ensure the child's safety and immediately contact an expert lawyer to assess the situation. If there are evident physical signs or detailed accounts, it is necessary to go to the pediatric emergency room for medical assessment and, subsequently, report to the competent authorities. It is crucial not to question the child obsessively to avoid contaminating memories or creating false alarms, allowing specialists to gather their testimony in a protected environment.

Can I prevent the other parent from seeing our child without a court order?

Arbitrarily interrupting contact between the child and the other parent, in the absence of a judicial order, exposes you to the risk of charges for child abduction or wilful non-compliance with a court order. However, in situations of serious and imminent danger to the child's well-being, jurisprudence recognizes the state of necessity. It is essential that such a decision is immediately followed by an urgent application to the Court to ratify the choice and legally protect the minor.

How is the truth established in court in these cases?

The truth is usually established through an early evidence-gathering procedure in criminal proceedings or the protected hearing of the minor in civil proceedings, often assisted by an Office Technical Consultancy (CTU). Expert psychologists assess the child's credibility and parental capabilities. Avv. Marco Bianucci, a lawyer specializing in family law, uses qualified party-appointed consultants to monitor the correctness of these expert assessments and ensure that the child's voice is interpreted correctly.

What are the timeframes for obtaining a protection order?

The timeframes vary depending on the severity of the case and the competent court, but in situations of proven danger, provisional and urgent measures (inaudita altera parte) can be obtained within a few days or weeks. The judicial system's priority in these circumstances is the child's physical protection, which is why urgent procedures have preferential treatment over ordinary proceedings.

Request an Urgent and Confidential Consultation

If you suspect your child is in danger or requires immediate legal protection for custody and abuse matters, do not wait any longer. Timeliness is the determining factor for the child's safety. Contact Avv. Marco Bianucci for a preliminary assessment of your case at the Milan office. Together, we will define the most effective strategy to protect your dearest loved ones with the expertise and discretion that the situation demands.