Domestic violence is a delicate issue, which must be analyzed carefully and must be clear, when anyone faces a situation of violence, it can be quickly identified and act accordingly, to avoid further damages.

In our country there is a Law against Domestic Violence, which specifies not only the procedure that the legal proceeding has, but also the definitions of each type of violence, as well as the protection measures that are available to the offended party.

According to this law there are 4 types of domestic violence:

– Physical violence: any manifestation of physical aggression, whether mild or severe, is considered physical violence.
– Psychological violence: When the aggressor, by means of humiliating acts or manifestations or mocking treatment, attacks the victim’s emotional environment.
– Patrimonial violence: When the aggressor, taking advantage of their condition, deprives the victim of money for basic needs or humiliates the victim because of their economic condition.
– Sexual violence: This occurs when the aggressor, taking advantage of their condition, forces the victim to engage in sexual acts or relations against their will.

Any of these types of domestic violence must be reported to the corresponding court. This process receives a special and expeditious treatment, due to the sensitivity of the situation, since in many occasions there is a greater risk to the physical integrity of the victim.

When the complaint is filed, the Court must order protective measures to prevent the situation of violence from continuing, either by prohibiting the aggressor from approaching the victim, ordering the immediate departure from the common home or any other measure indicated by law and that is useful for the specific situation and victim´s protection.

Such protective measures are valid for a maximum of one year and the aggressor will have the right to request a hearing to exercise his or her right of defense.

In case the aggressor fails to comply with any of the measures dictated by the Court, they may be charged with the crime of Disobedience to the Authority, which is punishable with imprisonment.

If you require advice on domestic violence or any other issue regarding Family Law, do not hesitate to contact us, in ERP Lawyers we offer you a specialized team in the field that can provide the best solution to your situation, we invite you to contact us by email info@erplawyers.com , where we will gladly answer your query.