Domestic Violence: Legal Protection and Defense

Domestic violence represents a serious crime that undermines the psychological and physical integrity of victims, often necessitating legal intervention to ensure protection and justice. This crime, governed by Article 572 of the Italian Penal Code, occurs when a person, with continuity and habit, mistreats a family member or cohabitant, creating an atmosphere of suffering and fear.

Who can be a victim of domestic violence?

The law protects not only spouses but also children, the elderly, and any other cohabiting family member. The crime also extends to minors and individuals unable to care for themselves due to a physical or mental disadvantage.

Constituent elements of the crime

To constitute the crime of domestic violence, certain specific elements must exist:

  • Habitual conduct: Acts of violence or oppression must be repeated over time.
  • Psychological subjection: The victim lives in a state of subjection and constant fear.
  • Family environment: The acts must take place within the family or cohabiting context.

Legal consequences and victim protection

Those who commit the crime of domestic violence face a prison sentence ranging from two to six years, increased in cases of serious injury or death of the victim.

For victims, it is essential to know that the law offers protective tools, such as the removal of the abuser from the family home and psychological and legal assistance.

How to act in case of domestic violence?

If you think you are a victim or witness of domestic violence, acting promptly is crucial. Gathering evidence, such as testimonies and medical documentation, can be decisive for a favorable outcome in legal proceedings.

The legal support of the Bianucci Law Firm

The Bianucci Law Firm is at your disposal to provide specialized legal assistance. Our team of experts will guide you through the necessary legal phases to obtain the protection and justice you deserve. Do not hesitate to contact us for a personalized consultation.