Beyond the Complaint: The Right to Full Compensation

Embarking on a legal journey for domestic violence is one of the most arduous challenges a person can undertake. Often, attention focuses exclusively on the punitive aspect against the perpetrator, neglecting a fundamental aspect for the victim's life reconstruction: economic restitution. Those who suffer family abuse, injuries, or psychological abuse have a right, enshrined by law, not only to see the responsible party convicted but also to obtain adequate compensation for the damages suffered. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands that justice is complete only when imprisonment is accompanied by concrete financial support for those who have suffered the crime.

The Legal Framework: Joining the Civil Action and Civil Lawsuit

The Italian legal system provides specific tools to protect victims of intra-family crimes also on a financial level. The main route is represented by joining the civil action in criminal proceedings. Through this institution, the victim enters the trial not only as a witness but as a party formally requesting compensation for moral and material damages arising from the crime. The recent tightening of regulations, known as the Red Code, has accelerated protection procedures, but it remains crucial to rigorously document the link between violent conduct and the damage suffered. Compensation can be sought for biological damage, understood as an injury to psychophysical integrity verifiable by a forensic doctor, and for moral damage, meaning the inner suffering caused by the abuse.

Documenting the Damage

To obtain fair compensation, the defendant's conviction is not enough. It is necessary to prove the extent of the prejudice suffered. Medical reports from emergency rooms, documented psychological support pathways, and expert reports become essential pieces of evidence. Jurisprudence now peacefully recognizes existential damage as well, meaning the alteration of life habits and social relationships caused by the trauma experienced within the domestic sphere.

The Approach of the Bianucci Law Firm

Avv. Marco Bianucci, an expert lawyer in criminal law and victim protection in Milan, handles domestic violence cases with a dual strategy. On one hand, efforts are made to ensure that the narrative of events in court is precise and supported by solid evidence to achieve the perpetrator's conviction. On the other hand, the file for damage quantification is built in parallel. The firm's goal is to prevent the victim, after enduring the pain of the trial, from being left with a verdict that acknowledges guilt but offers no concrete tools to move forward. Legal assistance is characterized by profound human sensitivity, necessary to acknowledge the client's experience, combined with technical determination aimed at maximizing the compensation outcome.

Frequently Asked Questions

Can I claim damages even if I am still married to the abuser?

Yes, the marital bond does not prevent you from seeking compensation for damages caused by crimes committed by your spouse. Domestic violence and family abuse violate fundamental human rights that prevail over marital duties of solidarity. It is possible to join the civil action in criminal proceedings or initiate an independent civil lawsuit, even while married or during separation.

What happens if the perpetrator has no money or assets in their name?

This is a common and valid concern. If the convicted individual is found to be destitute, obtaining direct payment can be difficult. However, the Italian State provides access to a Revolving Fund for solidarity to victims of violent intentional crimes. Avv. Marco Bianucci can assist you in initiating the procedures to access this fund, which guarantees state compensation when it cannot be obtained from the perpetrator.

What types of damages are compensated in cases of domestic violence?

In addition to medical expenses incurred (pecuniary damage), the most significant categories of damage are biological damage (permanent or temporary physical injuries and psychological disorders such as post-traumatic stress disorder) and moral damage (subjective inner suffering). In many cases, existential damage is also recognized, related to the disruption of the victim's daily life and that of children who witnessed the violence.

Is it necessary to wait for the criminal trial to end to receive compensation?

If you join the civil action, the damage assessment usually occurs with the criminal judgment. However, the criminal judge may decide to immediately award a provisional sum, which is an immediately enforceable down payment on the total compensation, and then refer the exact quantification of the remaining sum to the civil judge. This allows the victim to have immediate financial resources to cover initial needs.

Request a Case Evaluation

If you are a victim of domestic violence, you are not alone in your fight for justice. It is crucial to act promptly to protect your integrity and your financial future. Contact Avv. Marco Bianucci at the Milan office located at Via Alberto da Giussano, 26, for a confidential and professional consultation. Together, we will assess the best course of action to obtain the protection and compensation you deserve.