The Crime of Violating Orders of Removal from the Family Home

Receiving an accusation for violating an order of removal or a restraining order is a critical moment that requires clarity and immediate legal intervention. As a criminal lawyer operating in Milan, I deeply understand the anxiety and concern that arise from being involved in proceedings related to the so-called "Codice Rosso" (Red Code). These regulations, created to protect victims of domestic and gender-based violence, impose severe penalties and accelerated procedures that do not allow for carelessness or defensive errors.

Article 387-bis of the Italian Penal Code punishes anyone who contravenes protection orders against family abuse, orders of removal from the family home, or prohibitions on approaching places frequented by the offended party. It is essential to understand that this crime is objectively constituted at the moment the prescriptions imposed by the judge are transgressed. Italian law is very strict on this point: the violation is prosecutable ex officio and carries a penalty of imprisonment from six months to three years. Often, those involved in these situations underestimate the fact that even a single incident, perhaps considered trivial or justified by momentary circumstances, can lead to optional flagrante delicto arrest or the aggravation of an existing precautionary measure, transforming a restraining order into house arrest or pre-trial detention.

The Approach of the Bianucci Law Firm in Criminal Defense

Faced with such delicate accusations, the approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is distinguished by a meticulous technical analysis of the case file. The defense is not limited to a simple denial of the facts but delves into the procedural details. The first step always consists of verifying the correct notification of the order: for a crime to exist, the investigated person must have had full and legal knowledge of the order they are accused of violating. Without definitive proof of knowledge of the order, the subjective element of the crime (intent) may be absent.

Furthermore, the firm's defense strategy focuses on the contextual analysis of the disputed incident. It is not uncommon for violations to be the result of chance encounters or situations of necessity not adequately assessed by investigators. As an expert lawyer in "Codice Rosso" proceedings, Avv. Marco Bianucci works to gather documentary evidence, testimonies, and traces that can demonstrate the absence of intent to violate the prescriptions or the non-existence of the act. The goal is to protect the client's personal liberty and prevent the escalation of precautionary measures, ensuring a full and effective adversarial process before the judicial authority.

Frequently Asked Questions

What are the risks if I violate a restraining order?

Violating Article 387-bis of the Penal Code carries a penalty of imprisonment from six months to three years. In addition to the custodial sentence, the most immediate consequence is often the aggravation of the precautionary measure: the judge may decide to replace the restraining order with house arrest or pre-trial detention in prison if they believe the risk of re-offending is concrete.

If the offended party invites me to their home, can I go?

Absolutely not. This is the most common and dangerous mistake. A restraining order is an order imposed by the judge, not by the offended party. The victim's consent has no legal value for revoking the order and does not exclude punishability. If you are found in the company of the offended party, even at their invitation, you will still be reported for violating the order.

Will I be arrested immediately if I violate the order?

The law provides for optional flagrante delicto arrest. This means that law enforcement, if they find you in the act of violating the order (for example, near the prohibited residence), have the discretion to proceed with immediate arrest, assessing the seriousness of the act and the dangerousness of the subject.

How can I defend myself if the encounter was accidental?

If the encounter with the protected person was purely fortuitous, it is essential to demonstrate the absence of intent, meaning the lack of will to violate the order. An experienced criminal lawyer will work to prove the accidental nature of the event, perhaps through witnesses or surveillance cameras, and demonstrate that you left as soon as you realized the presence of the offended party.

Request an Immediate Legal Consultation

If you have been accused of violating an order of removal or fear that your situation may worsen, do not wait any longer. Time is a determining factor in criminal proceedings. Contact Avv. Marco Bianucci for a prompt and confidential evaluation of your case. The firm, located at Via Alberto da Giussano 26 in Milan, is ready to define the best defense strategy to protect your rights and your freedom.