Domestic Abuse: Reflections on the Supreme Court of Cassation Ruling

The recent ruling by the Supreme Court of Cassation, issued on May 20, 2024, offers an important opportunity to reflect on the issues related to domestic abuse and the protection of children involved. In the case of A.A., accused of abuse against his wife and daughter, the Court upheld the decisions of the Court of Lecce, highlighting the need to protect victims and ensure the safety of minors.

The Context of the Ruling

The appellant A.A. appealed against a precautionary measure prohibiting him from approaching his wife and daughter, claiming to have a good relationship with his daughter and that there was no risk of the offense being repeated. However, the Court rejected the appeal, stating that domestic violence had evolved negatively, especially after the marital separation.

Domestic violence continued and worsened precisely after the marital separation.

The Court's Reasoning

The Court argued that the conduct of the accused, already characterized by previous acts of violence, could not be underestimated. In particular, the fact that A.A. was a drug addict and had previously abused his wife and daughter contributed to justifying the precautionary measures. The Court emphasized the importance of safeguarding the well-being of the minor, referencing the principles established by the Istanbul Convention and the jurisprudence of the European Court of Human Rights.

Principles of Child Protection

The ruling reiterates the importance of considering the best interests of the child in all legal decisions concerning them. Among the key points of the decision:

• The father's right to visitation cannot override the need to protect the daughter.
• The role of the mother, a victim of violence, is crucial in family dynamics.
• Precautionary measures must be rigorous in the presence of a history of domestic violence.

In this context, the Court highlighted how the violence suffered by the mother directly affects the psychological and physical well-being of the daughter, necessitating protective measures.

Conclusions

The ruling by the Court of Cassation not only confirms the importance of protecting victims of abuse but also highlights the direct correlation between domestic violence and the vulnerability of minors. In a context where justice must ensure the safety of the most vulnerable individuals, it is essential that the competent authorities act with firmness and attention to prevent the recurrence of such situations. The protection of children's rights must remain a priority in the Italian legal system.