For domestic violence and protection orders in Milan, I want to help you understand what safeguards may be requested. If you are experiencing assaults, threats or forms of control, you may wonder whether it is possible to remove the person harming you, remain in the home or protect your children without waiting for proceedings to conclude.
I explain the difference between civil protection and criminal measures and which elements would be useful in assessing whether action should be taken. If you are in immediate danger, call 112: reading this page or preparing documents must not delay your request for assistance.
Civil protection orders: when they may be requested
A civil protection order may apply when the conduct of a spouse or another cohabiting person causes serious harm to the physical or moral integrity or to the freedom of the other person. Protection may also apply after cohabitation has ended. These requirements are governed by Article 473-bis.69 of the Italian Code of Civil Procedure, introduced by d.lgs. 149/2022 sugli ordini di protezione.
Physical injuries are not essential: threats, humiliation and restrictions on freedom may also be relevant, provided that the required seriousness threshold is met. It is not enough to describe the relationship as conflictual: it is necessary to explain the specific conduct, its context and the harm it causes.
Article 473-bis.70 of the Italian Code of Civil Procedure allows the judge to order that the conduct cease and that the person be removed from the family home, as well as to impose any applicable restrictions on approaching the other person. Measures involving social services may be ordered and, where removal leaves the cohabitants without adequate means, a periodic allowance may be provided. These measures do not apply indiscriminately to every situation.
Criminal measures and protection of children
In criminal proceedings, removal from the family home and a prohibition on approaching the other person are precautionary measures: they serve to address specific risks where the requirements laid down by law are met. Reporting the conduct does not make the measure automatic. The judge decides on the public prosecutor's application; the divieto di avvicinamento dell’articolo 282-ter c.p.p. may also include a prohibition on communicating with the injured person.
Civil and criminal protection may coexist, but they require coordination. If there are children, the violence they witness is also relevant, not only violence directed against them. Decisions concerning parental responsibility, the children's placement and contact must take their safety into account: a protection order does not automatically resolve all these issues.
What I would examine when assessing protection
I would begin with a chronological reconstruction of the incidents: what happened, when and where, with what consequences, and whether the conduct is continuing or changing. I would distinguish assaults from individual messages, but also each incident from the overall pattern of threats, control or isolation. Any interventions by law enforcement and previous orders would be relevant.
I would examine available messages, medical reports, photographs and potential witnesses, verifying their source and context. With regard to the children, I would consider any reports from social services and decisions concerning contact. Do not expose yourself to risks to collect evidence and do not access someone else's accounts without authorization: safety comes before the search for further material.
How to consider the application and other possibilities
For an independent civil application, the law also allows the applicant to apply personally to the court of the place where they reside or are domiciled. If family proceedings are already pending between the same parties, the application must be submitted to the judge handling those proceedings. I would therefore verify jurisdiction and proceedings already pending, under Article 473-bis.71 of the Italian Code of Civil Procedure, amended by d.lgs. 164/2024.
In urgent cases, the judge may issue an order before hearing the other party, with a subsequent hearing. Urgency must be presented in concrete terms, without assuming that the application will be granted or that any particular time frame is guaranteed. Together with my staff, I could assess which requests to make and how to coordinate them with any criminal initiatives and orders concerning the children.
Alongside judicial protection, 1522, the public anti-violence and anti-stalking service, may provide support and guidance towards local services. An anti-violence centre may also help address housing needs and day-to-day safety. It is not necessary to confront the person who is using violence in order to attempt an agreement before seeking protection.
Frequently asked questions
Can I request a civil order without having reported the conduct?
Yes, a civil protection application does not require a prior report. However, it is necessary to describe and substantiate the facts that satisfy the requirements for the order. The possibility of seeking civil protection does not exclude the criminal relevance of the conduct or the advisability of considering that route separately.
Can I obtain removal from the home if it is registered in my partner's name?
Yes, ownership does not in itself prevent removal from the home, if the requirements for protection are met. The order serves to counter the harmful conduct: it does not transfer ownership of the property and does not finally decide all issues relating to the home or separation.
Can I request protection if cohabitation has already ended?
Yes, the civil rules also provide for protection after cohabitation has ended. The relationship between the people, the conduct and the serious harm required must still be assessed. A relationship in which there has never been cohabitation instead requires a different legal framework, including with regard to possible criminal measures.
What should I do if the protection order is breached?
If the breach exposes you to immediate danger, call 112. In any event, report the incidents to the authorities, identifying the order and preserving the available information without exposing yourself to danger. I would examine the content of the order and the new conduct to assess any further requests for protection.
Can I request protection without medical reports?
Yes, a medical report is not the only possible evidence and some conduct does not cause physical injuries. Messages, witness evidence and other elements may contribute to the assessment. Their usefulness depends on what they document: what matters is reconstructing the conduct and the harm, not simply collecting a large number of documents.