Audacia Abogados

Domestic violence and how to deal with it

Do you want to know the ins and outs of domestic violence?

Criminal law
Domestic violence and how to deal with it

If you want to know what domestic violence is and what reward awaits you if you practice it, we encourage you to read the post until the end.

Domestic or family violence is a crime of abuse described by the Penal Code, which can occur between different members of the family. This happens when in a home one of the members of the family has abusive behavior towards another or all the members of the family.

Domestic violence can manifest itself through different types of abuse, such as sexual violence, physical and psychological violence, and harassment. This can affect people of different purchasing power, age, education, gender and income.

What is domestic violence?

It is a crime of abuse that is regulated in article 173.2 of the Penal Code and originates within the family or in a cohabitation relationship. According to the law, domestic violence can be committed by any member of the family: woman, man, child, sibling or parent.

For you to be facing a crime of domestic violence, the only thing that is needed is that an action or omission be carried out. That affects the sexual, monetary, physical or psychological integrity of a family member.

The individual who commits the violent acts intends to impose control over the other person. For this, it uses almost any form such as physical strength, psychological resources, financial control.

The most common is that the person on whom the violence is exerted suffers insecurity and a lot of fear.

Types of domestic violence

The crime of domestic violence can be committed in different ways, below, we describe some of them:

1. Physics

Physical violence is one of the easiest types of abuse to appreciate, because it is a clear way of displaying violent behavior. This type of violence is characterized by hitting, scratching and pushing the abuser towards the victim. Likewise, situations of aggression or threats with weapons or other objects may arise.

2. Psychological

Domestic violence of this kind is sometimes not immediately apparent, but it can also lead to highly dangerous situations. The victim of this type of violence can suffer from low self-esteem and damage psychological integrity and commit actions that place them in situations of great risk.

Psychological violence is practiced through actions such as humiliation, shouting, intimidation or ridicule. To isolate the person and do not give any value to what he says or does.

This type of violence is also manifested through control over the other person, pathological jealousy and deception.

3. Sexual abuse

This type of situation occurs in the area of ​​intimacy and rape behaviors are revealed. In which the abused person is forced to have sex or use pornography without their agreement.

Sexual abuse is also committed when the other person is forced to have sex when she is physically or psychologically sensitive. Due to illness, bereavement, or having recently given birth.

4. Monetary

The person who uses this type of domestic violence leaves the victim without access to economic resources. This makes it so that he has to depend on her financially, in this way the aggressor feels that he maintains control.

This type of domestic violence happens when the abuser does not allow the victim to work and receive a salary. It can also interfere with her work environment, hindering her performance, not allowing her to train or study, and arguably not having access to bank accounts.

5. Harassment

Harassment occurs when the person who abuses has no limits to control the other person at all times.

To exercise this control, it uses a series of behaviors such as persecution, watches the victim at all times, does not leave when asked to do so, checks messages, phone calls, among others.

What can victims of domestic violence do?

Domestic violence is a situation that carries serious psychological and physical risks for the person who suffers it. This is a pattern of behavior that usually occurs repeatedly.

For this reason, at the first signs that reveal this type of behavior, you must act immediately. The person who endures domestic violence does not have to isolate himself, but stay connected with closest friends and family. Be willing to help in an emergency.

It is important to speak clearly about the situation with people you trust to explain the situation to them. The recommendation is not to wait too long to ask for help and communicate.

In case of moments of extreme violence, you have to ask for help right away and if possible try to escape. In this type of situation it is important to file a complaint with the police.

So that these organizations adopt the measures corresponding to the situation of violence that is presented and thus avoid much worse future situations.

The victim of the crime of domestic violence must receive medical and psychological care if we are dealing with a case of physical violence. This allows an evaluation of the injuries suffered by the abused person and treating them appropriately so that the victim can recover.

How to report domestic violence?

Acts of domestic violence must be reported from the moment the first act occurs. This is the only way to guarantee maximum defense to victims.

The crime of domestic violence can also be communicated verbally to State security agents who are serving. A formal declaration can be presented at the police station.

The corresponding body for situations of domestic violence is the Court of First Instance or the Court of Instruction. When there is domestic and gender violence, the competent body to hear the case is the Court for Violence against Women.

What is the penalty for domestic violence?

The prize for domestic violence according to the Penal Code is prison between six months and three years. The right to own and carry weapons will also be taken away from you for between three and five years.

Difference between gender violence and domestic violence

Acts of gender violence are committed by a man towards women solely for being a woman. This is due to the fact that the aggressor considers that the woman does not have the right to make decisions, to be respected and does not have the minimum rights of freedom.

Acts of domestic violence are carried out by any member of the family, by a person with whom there is an emotional bond.

Criminal law

¿Do you want to contact us?

Call us Or write us in our form

Back to the top Back to the top