Today, gender violence is considered a social problem and is a public crime. Due to this, if you observe this fact, you have the legal obligation to report it to the authorities, so that the person responsible pays for her conduct.
What are the consequences of filing a complaint for gender-based violence?
Below, we explain some of the measures established by Organic Law 1/2004, of December 28, on Comprehensive Protection Measures against Gender Violence to sanction and eliminate this behavior from society:
- One of the most significant differences of this type of violence with respect to the rest, is that in this case the presumption of innocence of the man is not applied in the first instance. The result of this is that the automatic arrest of the man and the imposition of certain measures can directly take place, with the purpose of protecting the woman while the veracity and consequences of the denounced facts are verified. This implies that the simple complaint, launches a protection protocol that has the arrest of the alleged aggressor.
-In addition to the above, after the alleged aggressor is reported, he is taken to the cells, where he can remain up to 72 hours waiting to be brought to justice.
-There is also the possibility that the judge releases the defendant from prison or imposes a restraining order on the woman who considers it proven that she has been assaulted by him. If the defendant does not comply with the restraining order, this would imply a new complaint with more serious legal problems for the offender.
-Another gift that the defendant for gender-based violence will have is that he may lose custody and shared custody of her children, although not automatically. Rather, it is necessary to clarify the specific circumstances in each case, adopting the decision in accordance with the interest of the minor.
- The defendant may be prevented from obtaining public subsidies.
- Last but not least, the accused will be registered in the Central Registry for the Protection of Victims of Gender Violence. Registry in which the penalties and security measures imposed in sentences for crimes, precautionary measures and violations of any penalty or protection order agreed in said criminal proceedings related to gender violence are registered.
Therefore, the consequences of these complaints of abuse are so relevant that you have to know them beforehand. These consequences imply taking away from the defendant fundamental rights such as the presumption of innocence. However, we believe that these measures are necessary to protect the victim of violence.
At Audacia Lawyers we help you in everything related to gender violence. If you find yourself in this situation, do not hesitate to call us.