Domestic Abuse: The Court of Cassation Distinguishes Quarrel from Crime (Judgment no. 21289/2025)

Family dynamics can generate tensions, but it is crucial to distinguish between a simple quarrel and the serious crime of domestic abuse (Article 572 of the Italian Criminal Code). The Supreme Court of Cassation, with judgment no. 21289, filed on 06/06/2025, offers a fundamental clarification. This ruling, which saw P. as the defendant and Dr. V. M. S. as the rapporteur, annulling with referral the judgment of the Court of Appeal of Perugia of 16/02/2024, is of paramount importance for the protection of victims.

When a Quarrel Becomes a Crime: The Criteria of the Court of Cassation

The challenge is to discern when a conflict, however harsh, transforms into abuse. The Court of Cassation has provided valuable guidance, emphasizing that not every heated discussion constitutes a crime. The key lies in the equality of the confrontation.

In the context of domestic abuse, conduct between parties who confront each other on an equal footing, even if vehemently, but mutually recognize the right to express their point of view, can be considered an expression of "family quarrels" and criminally irrelevant. Conversely, the crime is established when one subject prevents the other, through repeated violent or offensive actions, from even expressing their independent thoughts. (In its reasoning, the Court identified, among the distinguishing criteria of abuse in a context of heated family quarrels, the absence of listening to the other's will or judgment, the structural imbalance of the relationship in favor of one of the parties due to sexual identity, the power differential linked to gender roles, with the adoption of models of constant unilateral prevarication, the exploitation of the other's specific subjective conditions – such as age, pregnancy, health, or disability – to exercise coercive control, leading, through offenses, humiliation, or blackmail, to the consistent subjugation of the same party).

The Court clarifies that the difference lies in the equality of the relationship. If the parties confront each other, mutually recognizing the right to express their thoughts, it is considered quarreling. Conversely, the crime is established when one subject prevents the other, through repeated and offensive actions, from expressing their thoughts, establishing a regime of constant prevarication. It is not the single episode, but the repetition and the aim of subjugation that define domestic abuse.

Recognizing the Signs of Abuse: The Revealing Indicators

To better identify the boundary, the Court of Cassation has listed specific criteria that denote a unbalanced and abusive relationship:

• Absence of listening: Imposition of one's own will.
• Structural imbalance: Intrinsic power disparity.
• Unilateral prevarication: Behaviors aimed at constant domination.
• Exploitation of vulnerabilities: Taking advantage of conditions such as age, pregnancy, health, or disability.

These elements, if present, outline a "climate" of subjection and humiliation, where the victim is systematically forced to succumb due to offenses, humiliations, or blackmail.

Conclusions: Greater Clarity and Protection

Judgment no. 21289 of 2025 by the Court of Cassation represents a significant step forward in the jurisprudence on domestic abuse. By providing clear distinguishing criteria, the Court facilitates the identification of abusive situations, differentiating them from normal conflict. This strengthens protection for victims, allowing legal professionals to intervene with greater precision. In the presence of signs of constant prevarication, it is essential to seek the support of legal professionals experienced in criminal and family law for adequate protection.