The Crime of Violating Restraining Orders
The introduction of the legislation known as the "Codice Rosso" (Red Code) (Law no. 69/2019) has significantly tightened the State's response to domestic and gender-based violence crimes. In this context, one of the most sensitive offenses is the violation of orders for removal from the family home and the prohibition of approaching places frequented by the victim, regulated by Article 387-bis of the Italian Penal Code. As a lawyer specializing in criminal law in Milan, Avv. Marco Bianucci daily observes how the management of these accusations requires specific technical expertise and prompt intervention.
The crime occurs when an individual, already subject to a coercive precautionary measure (such as removal or prohibition of approach), disregards the prescriptions imposed by the judge. The law aims to protect the victim's physical and psychological integrity, punishing simple non-compliance with the order, regardless of whether further acts of violence occur. It is crucial to understand that, in the current legal climate, authorities proceed with extreme rigor, and violation can lead to the immediate aggravation of the precautionary measure, including imprisonment.
The Bianucci Law Firm's Approach in Criminal Defense
Facing proceedings for violation of Article 387-bis of the Penal Code requires a clear and improvisation-free defense strategy. The approach of Avv. Marco Bianucci, a lawyer specializing in criminal law in Milan, is based on a rigorous analysis of the objective and subjective elements of the alleged offense. Not every contact automatically constitutes a crime: it is necessary to assess whether there was intent (mens rea) in the violation or if the encounter was accidental and unavoidable.
The Bianucci Law Firm works to verify the legitimacy of the original order and the exact circumstances of the alleged violation. In fact, ambiguous situations often arise, such as chance encounters in public places or attempts to communicate for urgent matters (e.g., related to minor children) which, while imprudent, may not constitute the criminal intent required by the law. The defense also focuses on gathering documentary and testimonial evidence to demonstrate the absence of social dangerousness or the non-existence of the offense, aiming to prevent the escalation of precautionary measures and protect the client's personal freedom in compliance with procedural guarantees.
Frequently Asked Questions
What are the risks if I violate a restraining order?
Violation of an order for removal or prohibition of approach is punishable by imprisonment from six months to three years. Furthermore, the most immediate procedural consequence is often the Public Prosecutor's request to aggravate the existing precautionary measure, which may be replaced by house arrest or pre-trial detention in prison.
Is it a crime if the victim invites me to come home or meet them?
Yes, and it is a very common mistake. A restraining order is an order imposed by the judge, not a private decision of the victim. The victim's consent has no exculpatory value: as long as the judge has not formally revoked the order, approaching constitutes a crime, even if invited.
What should I do in case of a chance encounter?
If an encounter with the protected person occurs accidentally in a public place, the obligation is to leave immediately. From the perspective of an expert criminal lawyer, it is crucial to demonstrate that there was no intention to seek contact or intimidate the victim. Remaining at the scene could be interpreted as a willful violation.
Can I see my children if I have a restraining order against their mother?
The right to visit children must be exercised strictly according to the modalities established by the judge, which usually involves supervised visits or the intermediation of social services to avoid direct contact with the victim. Violating these modalities to see children exposes you to the risk of a report for non-compliance with the order.
Request a Case Evaluation
If you have been accused of violating a protection order or fear that your current situation may escalate into criminal proceedings, it is essential to act immediately. Contact Avv. Marco Bianucci for a consultation at the firm's office in Milan at Via Alberto da Giussano, 26. Prompt defense is crucial to protect your freedom and properly manage the implications of the "Codice Rosso."