The Way Out of Violence

Facing a situation of domestic abuse or stalking by an ex-partner is a devastating experience, generating fear, confusion, and a deep sense of isolation. Understanding your rights and the legal tools available is the first, fundamental step to breaking the silence and reclaiming your life and safety. As a criminal lawyer in Milan, lawyer Marco Bianucci supports people living through these difficult realities, offering legal assistance aimed at ensuring rapid and effective protection.

Crimes of Abuse and Stalking in Detail

Our legal system provides specific tools to combat domestic and persecutory violence. It is essential to distinguish between the two main types of offenses to act correctly. The law, particularly with the introduction of the so-called "Red Code" legislation, has strengthened protections for victims, accelerating the initiation of proceedings and the adoption of protective measures.

Abuse Against Family Members and Cohabitants (Art. 572 c.p.)

This crime is not defined by a single episode of violence, but by a set of habitual and abusive behaviors that harm the physical or psychological integrity of a person within the family unit or cohabitation. This category includes not only physical assaults but also threats, humiliation, deprivation, and continuous forms of psychological control that create a climate of constant suffering and fear for the victim.

Persecutory Acts or Stalking (Art. 612-bis c.p.)

Stalking manifests through repeated conduct of threats or harassment that cause the victim one of these three effects: a serious and persistent state of anxiety or fear, a well-founded fear for one's own safety or that of a close relative, or being forced to change one's life habits. Typical examples include persistent phone calls, following, obsessive messages, or publishing personal content online without consent.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, a criminal lawyer in Milan with extensive experience in crimes against persons, is based on three fundamental pillars: immediate protection of the victim, building a solid procedural strategy, and coordinated management of civil implications. The primary objective is to immediately stop the harmful conduct, requesting the judicial authority to apply urgent precautionary measures, such as removal from the family home or a restraining order from places frequented by the victim.

The defense is not limited to the criminal proceedings alone. The Bianucci Law Firm carefully evaluates every aspect of the case, also providing assistance in managing related family law matters. A report of abuse, in fact, has a decisive impact on any separation, divorce, and child custody proceedings. Ensuring strategic coordination between the criminal and civil spheres is crucial to guarantee complete and consistent protection of the interests of the assisted person and the minors involved.

Frequently Asked Questions

What happens after reporting stalking?

Once a formal complaint (querela) is filed, law enforcement initiates preliminary investigations under the direction of the Public Prosecutor. Thanks to the "Red Code" legislation, the victim must be heard by the authorities within three days of filing the complaint. If concrete elements of a crime and an immediate danger emerge, the Public Prosecutor can request the judge to apply precautionary measures to protect the victim pending trial.

How long does it take to get a restraining order?

The timelines can vary depending on the severity and urgency of the case. With the "Red Code," procedures have been accelerated. Once the Public Prosecutor requests it from the judge, a decision on a precautionary measure such as removal from home or a restraining order can be made relatively quickly, sometimes within a few days, to ensure immediate protection for the victim.

Can I also report psychological abuse?

Absolutely yes. Psychological abuse (humiliation, control, isolation, verbal threats) is a fundamental component of the crime of domestic abuse. It is important to gather as much evidence as possible, such as messages, emails, recordings, or testimonies from witnesses, to demonstrate the systematic nature of the harassment and the climate of terror established.

Will I risk losing custody of my children if I report my partner?

On the contrary. Reporting violent or abusive conduct is an act of responsibility to protect yourself and your children. In separation and divorce proceedings, a potential criminal conviction for abuse or the mere pendency of proceedings for such offenses represents a very serious factor that the civil judge will consider when deciding on child custody, always prioritizing their safety and well-being.

Request a Consultation for Your Protection

If you are experiencing abuse or stalking, it is essential to act with the support of a professional. Contacting a lawyer experienced in this field is not just a legal choice, but a decisive step to protect yourself and your loved ones. Lawyer Marco Bianucci offers an initial consultation at his Milan office to analyze your situation with the utmost confidentiality, outline the most effective protection strategies, and assist you at every stage of the legal process. You don't have to face this alone.