In today’s article we are going to talk about Domestic Violence, a topic that unfortunately occurs more times than desired at this time.
Domestic violence, also known as domestic violence or domestic violence, is a reality that affects millions of people around the world.
This form of violence is characterized by the use of force or the threat of force to control, intimidate or harm a person with whom one has an intimate relationship, whether a partner, family member or ex-partner.
Manifestations of Domestic Violence.
Domestic violence encompasses a wide range of abusive behaviors that occur within the family or home environment.
It can manifest itself in the form of physical, emotional, sexual or economic abuse, and can affect people of all ages and genders. Victims may suffer serious injuries, post-traumatic stress disorders, depression, anxiety, self-esteem issues, and difficulties maintaining healthy relationships.
- Physical violence: Hits, pushes, kicks, burns, injuries with weapons or objects.
- Psychological violence: Insults, humiliation, threats, harassment, constant control, social isolation.
- Sexual violence: Sexual abuse, rape, sexual coercion, forced sexual acts.
- Economic violence: Control of money, economic restrictions, financial sabotage.
Legal Framework to Combat Domestic Violence.
In Spain, there is a solid legal framework to protect victims of domestic violence and punish perpetrators.
Law 1/2004, of December 28, on Comprehensive Protection Measures against Gender Violence, establishes a series of measures to prevent, detect and eradicate domestic violence, including:
- Restraining orders: They prohibit the aggressor from approaching the victim or her surroundings.
- Psychological and social assistance: Provides support to victims so that they can overcome the trauma and rebuild their lives.
- Legal resources: Allows victims to report the aggressor and access justice.
Summary of Organic Law 11/2003, of September 29, of specific measures in matters of citizen security, domestic violence in the BOE.
The summarized points related to domestic violence in the modifications to the Penal Code:
- Article 173: Habitual Violence in the Domestic Environment
- Penalties are established for those who habitually exercise physical or mental violence on their spouse, de facto partner, ascendants, descendants, siblings, minors or incapable persons who live with them.
- Habituality is evaluated considering the number and temporal proximity of the violent acts, regardless of whether they were the subject of prior prosecution.
- The penalties are increased if the violent acts occur in the presence of minors, using weapons or in the common home or the victim’s home, or if they are carried out in violation of a sentence or precautionary measure.
- Article 153: Various Forms of Domestic Violence.
- Actions such as mental impairment, minor injuries and minor threats with weapons or other dangerous instruments are penalized.
- The penalties include imprisonment of three months to one year or community service, as well as deprivation of the right to own and carry weapons for one to three years.
- The possibility of imposing special disqualification for the exercise of parental authority, guardianship, conservatorship, guardianship or foster care for a period of six months to three years is contemplated, if the judge considers appropriate to the interest of the minor or incapacitated person.
- The penalties are increased if the crime is committed in the presence of minors, using weapons or if it occurs in the common home or the victim’s home, or if it is committed in violation of a sentence or precautionary measure.
What to do if you are a victim of domestic violence?.
If you are a victim of domestic violence, the most important thing is to report the violence to the authorities.
- Communicate the situation to a lawyer.
- Collect evidence and seek immediate medical attention in case of injuries.
- Know and exercise legal rights, including access to Habeas Corpus in case of illegal detention.
- Testify before the judge and comply with restraining orders.
These measures, applicable to victims of both sexes, guarantee the necessary protection and security in situations of domestic or gender violence.
Our services
We offer a wide range of legal services to help victims of domestic violence, including:
- Legal Advice: Our attorneys can provide guidance on your legal rights and the options available to protect yourself from domestic violence.
- Protective Orders: We can help you obtain protective orders or other court measures to keep you safe from your abuser.
Legal Representation: If you decide to take legal action against your abuser, our team can represent you in court proceedings and work to obtain the most favorable outcome possible. - Related Areas: Divorce, Separation and Parental Affiliate MeasuresWe understand that domestic violence can connect with other legal aspects such as divorce and separation. We offer clarity and legal support in these processes:
- Parental Affiliate Measures: We are in charge of regulating the measures concerning the children of unmarried parents, ensuring that their rights and those of their parents are respected equally, regardless of the marital status of the parents.
- Separation: We manage the legal aspects of a separation, where, although the spouses stop living together, the marriage remains legally valid. This option allows couples to potentially reconcile or eventually move toward a formal divorce.
- Divorce: We handle all types of divorce procedures, from the simplest and quickest divorces before a notary to more complex and contentious procedures in court. Each case is treated with the seriousness and detailed attention it requires, ensuring that the best decisions are made for all parties involved, especially when children are involved.
Why Choose Us if you find yourself in a domestic violence case.
At Legal Boutique Ibiza, we are dedicated to defending the rights of our clients and ensuring they receive the help and support they need.
Our client-centered approach and experience in domestic violence cases make us the ideal choice for those seeking legal help in this area.
At Legal Boutique Ibiza, we are here to protect you.
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