Commentary on Ordinance No. 11631 of 2024: Parental Authority and Domestic Violence

The recent Ordinance No. 11631 of April 30, 2024, offers significant food for thought regarding parental authority and the management of domestic violence situations. This ruling, issued by the Court of Cassation, addresses the issue of adopting measures under Article 333 of the Civil Code in sensitive contexts, where the safety of minors is paramount.

The Legal Context of the Ruling

The Court ruled on proceedings concerning parental responsibility and the need to adopt measures that avoid the risk of secondary victimization. This necessity is particularly relevant when dealing with domestic violence conduct, as defined by Article 3 of the Istanbul Convention, ratified by Italy in 2013.

• The ruling recalls the importance of considering the traumatic experiences of minors.
• The need for a thorough assessment before adopting measures that could expose minors to further trauma is emphasized.
• The judge must also consider facts that occurred before the entry into force of Legislative Decree No. 149 of 2022.

The Ruling's Headnote and its Significance

PARENTAL AUTHORITY Measures under Article 333 of the Civil Code - Domestic Violence Conduct - Content - Reference to Article 3 of the Istanbul Convention of 2011 - Necessity - Facts prior to Legislative Decree No. 149 of 2022 - Choice of Measures - Risk of Secondary Victimization - Necessary Compatibility Assessment. In proceedings concerning parental responsibility where "appropriate measures" under Article 333 of the Civil Code are adopted, and the commission of domestic violence conduct (as defined by Article 3 of the Istanbul Convention, ratified by Italy with Law No. 77 of 2013) is alleged, the judge, even with reference to facts prior to the entry into force of Legislative Decree No. 149 of 2022, if they do not exclude the existence of such facts and intend to adopt the aforementioned measures, is called upon to assess the compatibility of the adopted measures with the need to avoid, in the specific case, possible situations of secondary victimization.

This headnote highlights the importance of balancing the child's best interests with the need to ensure a protected environment. The judge must therefore act with care, avoiding measures that could worsen the vulnerability of the individuals involved.

Conclusions

In conclusion, Ordinance No. 11631 of 2024 represents an important step in Italian jurisprudence on domestic violence and parental responsibility. It calls upon all legal professionals to be more aware of family dynamics and the need to adopt measures that protect minors, avoiding situations of secondary victimization. The assessment of facts and adopted measures must always be carried out with the utmost rigor, taking into account current national and international regulations.