Domestic violence does not only consist of physical assaults. It can take the form of threats, humiliations, financial control, sexual impositions, isolation, or continuous surveillance. If you are experiencing a similar situation, you might wonder whether what is happening is legally relevant, whether you must file a report immediately, how to protect your children, and what leaving the home entails.
In this guide, I want to help you distinguish family conflict from violence, understand which interventions can be activated, and see how criminal protection, civil protection orders, and family proceedings are coordinated. The priority, however, remains safety: if the danger is current, you do not need to wait until you have gathered every piece of evidence before asking for help.
Which behaviors constitute domestic violence
The law also considers psychological and economic violence. The definition referred to in Article 3 of Decree-Law No. 93 of 2013, amended by Law No. 168 of 2023, includes serious, non-episodic acts or acts committed in the presence of minors, of a physical, sexual, psychological, or economic nature. It concerns the family, the family unit, and past or present emotional relationships, even without a shared residence. The reference can be consulted in Law No. 168 of 2023 on domestic violence.
There is no single crime called domestic violence. Qualification depends on the facts. A habitual succession of abuses may constitute the crime of mistreatment against family members and cohabitants provided for by Article 572 of the Criminal Code. Threats, injuries, stalking, sexual violence, illicit dissemination of intimate images, or private violence follow their own rules instead, sometimes concurring with one another.
Even a single serious incident may require protection. Habituality is central to mistreatment, but it is not necessary to make a single aggression, a sexual coercion, or a serious threat legally relevant. Conversely, a heated discussion or a disagreement over expenses does not automatically become violence: the content of the conduct, its intensity, repetition, and the effect of control or subjugation are what matter.
What to do if the danger is current
In an urgent situation, safety comes first. If you fear an imminent assault, call 112 or reach a safe place—if you can do so without exposing yourself to greater risks—such as a law enforcement headquarters or an emergency room. Judicial initiatives can be organized later: it is not prudent to delay leaving a dangerous situation to retrieve documents, phones, or other items.
The 1522 helpline offers initial guidance. The national helpline against violence and stalking is free, active continuously, and can put you in touch with anti-violence centers and local services. A page by the Public Prosecutor's Office on how to seek help also points to law enforcement agencies, anti-violence centers, and support network structures.
Leaving to protect yourself does not mean automatically forfeiting your rights. However, leaving the home, especially with children, must be managed taking into account safety, parental responsibility, and any existing measures. If there is no immediate emergency, it is useful to plan contacts, accommodation, and communications while avoiding direct confrontations that could increase risk.
Reporting, criminal complaints, and the intervention of authorities
A report describes concrete facts and does not require technical formulas. It can be presented to law enforcement or the Prosecutor's Office, recounting the episodes in a comprehensible order: what happened, when, where, who was present, what threats were uttered, and whether weapons, prior assaults, or control behaviors exist. It is important to immediately report the presence of children and any risk of repetition.
Reports and criminal complaints are not always the same thing. Certain crimes, including mistreatment under Article 572 of the Criminal Code, are prosecuted ex officio: once the report is received, the proceedings do not depend on the will of the injured party. For other conduct, a formal criminal complaint may be required within the deadline established for that crime. Therefore, one should not assume that withdrawing a statement always stops proceedings.
The so-called Red Code accelerates certain steps. For crimes indicated in Article 362, paragraph 1-ter, of the Code of Criminal Procedure, the public prosecutor normally takes statements from the injured party within three days of registering the report of the crime, barring unavoidable requirements concerning minors or the confidentiality of investigations. The deadline does not necessarily run from the material moment the report is filed.
Removal, restraining orders, and police warnings
A report does not automatically produce a precautionary measure. The judge evaluates the gathered elements, the concrete and current danger, and the adequacy of the measure. They may order removal from the family home, prohibit access to certain places, prevent communications, or apply more restrictive measures when the prerequisites require them.
The restraining order contains precise prescriptions. Article 282-ter of the Code of Criminal Procedure provides for a distance of no less than five hundred meters from the injured party or indicated places, as well as electronic monitoring according to the conditions established by the rule. It can be extended to family members or cohabitants who need protection and accompanied by a communication ban. The text in force is available in Article 282-ter of the Code of Criminal Procedure.
The police commissioner's formal warning is a different tool. For certain conduct reported on a non-anonymous basis within the context of domestic violence, intervention can occur even in the absence of a criminal complaint. It is not equivalent to a conviction and does not replace an urgent measure when an immediate danger exists. The choice between reporting, criminal complaints, and formal warnings depends on the nature of the facts and should not be used to minimize their gravity.
Protection orders and family proceedings
Protection can also be requested in civil court. Articles 473-bis.69 and following of the Code of Civil Procedure allow the judge to intervene when the conduct of a spouse or cohabitant causes serious prejudice to physical or moral integrity or to the freedom of the other person. Protection remains possible, if the conditions are met, even after the end of cohabitation.
The civil order can impose multiple obligations at once. The judge can order the cessation of conduct, removal from the home, a ban on approaching places frequented by the protected person, the intervention of social services, and, when necessary, periodic payments for the person left without adequate means. The order lasts for a maximum of one year from execution and can be extended only for serious reasons and for the strictly necessary time. The regulations are set out in Legislative Decree No. 149 of 2022 on family proceedings.
Criminal and civil proceedings can coexist. A protection order does not necessarily require waiting for a conviction. Concurrently, in a separation or child custody case, allegations of violence trigger specific rules: the judge can shorten deadlines, gather information, and adopt measures to prevent dangerous contact. Family mediation must not be initiated or continued when abuse or violence emerges according to Article 473-bis.43.
Children, evidence, and access to legal defense
Witnessing violence directly harms a minor. Article 572 of the Criminal Code also considers the minor who witnesses mistreatment as an injured party. In family proceedings, the judge must take the child's safety into account when ruling on custody and visitation. This does not mean that every accusation automatically produces a limitation: facts are ascertained, but they cannot be reduced to a simple conflict between parents.
Useful evidence reconstructs conduct and risk. Medical records, photographs, messages, lawfully formed recordings, communications with social services, law enforcement interventions, testimonies, and an essential timeline of episodes can gain relevance. Preserving original files and secure copies helps prevent data loss. However, I do not advise provoking conversations, confronting the offender, or retrieving material if this could expose you to new danger.
For certain crimes, income is not decisive. Article 76, paragraph 4-ter, of Presidential Decree No. 115 of 2002 allows victims of expressly indicated crimes—including mistreatment, stalking, and sexual violence—to be admitted to state-funded legal aid beyond normal income limits. This possibility concerns those specific qualifications and requires submitting an application; it does not automatically extend to any family dispute. The regulatory framework is recalled by the regulations on legal aid for injured parties.
Frequently asked questions
Do I need a medical report to file a criminal complaint?
No, a medical report is not essential. You can report facts even when there are no visible injuries or when the violence is psychological, sexual, or economic. However, medical documentation is useful for attesting to physical conditions and statements gathered during the visit. If you need medical care, the priority is receiving it, not gathering evidence.
Can I obtain protection without starting a criminal trial?
Yes, civil protection orders exist. They can be requested when the conduct of a spouse or cohabitant causes serious prejudice to physical or moral integrity or to freedom. The civil judge can order the cessation of conduct, removal, and a restraining order. If ex officio prosecutable crimes emerge, actions by criminal authorities remain possible nonetheless.
Does protection apply even if we no longer live together?
The end of cohabitation does not exclude protection. The definition of domestic violence also includes past emotional relationships, regardless of shared residence, and civil orders can be adopted after cohabitation ceases. The specific criminal qualification, however, depends on the relationship, the conduct, and the concrete succession of episodes.
Does filing a report automatically lead to removal?
No, the measure is not automatic. The public prosecutor can request it, and the judge evaluates the available elements, the risk of new facts, and the adequacy of the intervention. In urgent situations, judicial police have the tools provided by law, but even in these cases, specific prerequisites must be met, and judicial authority oversight intervenes.
What can I do if the children witness violence?
Immediately report their involvement. Indicate what they saw or heard, the consequences they manifested, and any potential dangers during visits with the other parent. A minor who witnesses mistreatment is considered an injured party of the crime. In family proceedings, the judge can regulate visits and contact in ways compatible with their safety.
Is state-funded legal aid always free for victims of violence?
The exemption concerns specific crimes. For victims of mistreatment, stalking, sexual violence, and other crimes indicated in Article 76, paragraph 4-ter, admission can occur even beyond the income limit. It is necessary to submit an application and verify that the proceeding falls under the provided categories; a generic family dispute is not sufficient.
How we can bring order to the situation
Safety, protection, and family choices require coordinated responses. If you want to understand which path is consistent with the facts, we can distinguish urgent initiatives from criminal, civil, and family protection, also considering children and any already issued measures. You can contact us without waiting to have gathered a complete dossier, especially when you fear new conduct.