Your Safety First

Facing a situation of serious conflict, threat, or abuse within the home requires courage and, above all, timely and effective legal action. Understanding the available tools, such as protection orders and the accelerated procedures provided by the 'Codice Rosso' (Red Code), is the first step to regaining control of your life and ensuring your safety. As an expert family lawyer in Milan, lawyer Marco Bianucci assists individuals experiencing these difficult circumstances, providing legal support aimed at achieving real and immediate protection.

What are Protection Orders Against Domestic Abuse

Protection orders are urgent measures issued by the civil court to put an end to conduct that is seriously detrimental to the physical, moral integrity, or freedom of a member of the family unit. The law (Article 342-bis and ter of the Civil Code) provides that, when the conduct of a spouse or other cohabitant causes serious harm, the judge may order the cessation of such behavior and decree the removal from the family home of the violent person. Furthermore, the judge may order the responsible party not to approach places habitually frequented by the victim, such as the workplace or the home of their family of origin, and not to contact them in any way.

The Accelerated Intervention of the "Codice Rosso" Law

Law no. 69/2019, known as the "Codice Rosso" (Red Code), has introduced an important fast-track procedure for victims of domestic and gender-based violence. This legislation requires judicial police to immediately report criminal offenses to the Public Prosecutor's Office and requires the latter to gather information from the victim within three days. This mechanism significantly speeds up the initiation of investigations and the potential adoption of precautionary criminal measures, such as the prohibition of approaching places frequented by the victim or urgent removal from the family home. Although it operates in the criminal sphere, its activation also significantly strengthens the protections obtainable in civil proceedings.

Bianucci Law Firm's Strategy for Your Protection

The approach of lawyer Marco Bianucci, a family lawyer with extensive experience in Milan in these delicate procedures, is based on three pillars: speed, personalization, and maximum confidentiality. Each case is analyzed with extreme attention to gather all the necessary elements to demonstrate the urgency and seriousness of the situation. The strategy consists of drafting a detailed and well-founded application, requesting the court to issue an urgent protection order. Concurrently, it is assessed whether the conditions exist to activate the protections of the "Codice Rosso" through a complaint-report, creating a dual track of protection, civil and criminal, to ensure maximum security for the client.

Frequently Asked Questions

What is meant by a protection order against domestic abuse?

It is an urgent order from the civil court that directs a person to cease violent or harmful behavior towards a cohabiting family member. It may include removal from the family home and a prohibition from approaching the victim and the places they frequent.

What is the difference between a civil protection order and a criminal measure?

A civil protection order is requested by the victim from the civil court to obtain rapid protection, focused on the cessation of conduct and removal. Criminal precautionary measures (e.g., restraining orders) are instead issued by a criminal judge within the framework of proceedings initiated following a report of crimes such as mistreatment, stalking, or assault.

How long does it take to obtain an eviction order in Milan?

The procedures are designed to be very quick. Once the application is filed, the judge schedules a hearing in a very short time, often within a few days. The "Codice Rosso" law has further accelerated the intervention times of the criminal judiciary, ensuring almost immediate action by the competent authorities.

What happens if the person removed violates the judge's order?

Violation of a protection order, whether civil or criminal, constitutes a crime (Article 387-bis of the Criminal Code). The victim must immediately report the violation to law enforcement, who will intervene to restore safety measures. Violation can lead to the arrest of the perpetrator and the application of even more restrictive measures.

Request Immediate Legal Assistance in Milan

If you or a loved one is in a dangerous situation, it is crucial to act immediately. Contacting an experienced family lawyer is the first step to activating all the legal protections provided by law. The Bianucci Law Firm, located in Milan at via Alberto da Giussano 26, is at your disposal to analyze your case with the utmost urgency and confidentiality. Contact lawyer Marco Bianucci for an assessment of your situation and to define the most effective legal strategy to ensure your safety.