Protection Against Domestic Violence

Facing a situation of domestic abuse or domestic violence is a devastating experience, generating fear, isolation, and confusion. It is crucial to understand that you are not alone and that Italian law has introduced specific tools to ensure rapid and effective protection for victims. Law no. 69/2019, known as the 'Red Code', has strengthened protections, accelerating procedures to combat these crimes. Understanding how this mechanism works is the first, decisive step to breaking free from a cycle of abuse. In these moments, the assistance of an experienced lawyer is crucial to activate the correct procedures. The approach of lawyer Marco Bianucci, an expert in protecting crime victims in Milan, is focused on ensuring an immediate and strategic response for your safety.

What is the Red Code and How Does It Work

The Red Code is not a new crime, but an urgent procedure that requires justice to act with the utmost speed. When a report is filed for crimes such as domestic abuse, sexual violence, stalking, or aggravated assault, law enforcement is obliged to immediately communicate the crime to the Public Prosecutor. The latter, in turn, must gather information from the victim within three days of the crime being registered. This accelerated process is designed to promptly assess the risk and adopt the necessary protective measures, stopping the violent conduct as quickly as possible and ensuring the victim's safety.

Precautionary Measures to Protect the Victim

The primary objective of the procedure is the adoption of precautionary measures to prevent the recurrence of the crime. The most common are the urgent removal from the family home and the prohibition of approaching places frequented by the victim. With removal, the judge orders the suspect to immediately leave the family home and not return without authorization. The prohibition of approaching, often applied together with the first, requires the suspect not to approach specific places (such as the home, workplace, children's school) or to maintain a certain distance from the victim and their family members. In more serious cases, even more restrictive measures may be imposed, such as house arrest or pre-trial detention.

The Approach of the Bianucci Law Firm

The Bianucci Law Firm in Milan handles cases of domestic violence with a method that integrates speed, protection, and a long-term strategic vision. As a criminal lawyer in Milan, lawyer Marco Bianucci knows that time is of the essence. The firm's intervention is aimed at formalizing the complaint-report in the most correct and complete way, highlighting all the necessary elements to activate the Red Code procedure and urge a risk assessment by the judicial authority. The absolute priority is the safety of the assisted person, working to obtain the most suitable precautionary measures in a short time to ensure real and immediate protection. Assistance is not limited to the criminal phase but also considers civil implications, such as separation and child custody, to build a comprehensive path out of violence.

Frequently Asked Questions

What should I do immediately if I am a victim of violence?

The first and most important action is to ensure your safety. Immediately contact the single emergency number 112. If you have suffered physical injuries, go to the emergency room to receive care and obtain a medical report, which will be crucial evidence. Immediately after, it is advisable to contact a lawyer to formalize a detailed report and initiate the protection process.

What is meant by psychological abuse?

Abuse is not just physical. The law fully recognizes the seriousness of psychological violence, which includes habitual behaviors such as constant humiliation, threats, obsessive control, social and economic isolation, and verbal aggression. These acts, if repeated, can constitute the crime of domestic abuse and are sufficient to activate the protections of the Red Code.

How much time do I have to report abuse?

The crime of abuse against family members or cohabitants is prosecuted ex officio. This means there are no forfeiture periods for the victim to report, and anyone aware of it can report it to the authorities. However, for your own safety and for the effectiveness of the investigation, it is crucial to act as soon as possible. For other related crimes, such as simple assault or threats, the time limit for filing a complaint is 90 days.

Is a restraining order a definitive measure?

No, removal from the family home is a precautionary measure, meaning a temporary order issued during the investigation or trial to protect the victim. Its duration is determined by the judge based on the needs of the case and can be modified, replaced, or revoked depending on the evolution of the situation. The final decision on the family arrangement will be made in civil proceedings, in the context of a separation or divorce.

Contacts for Legal Consultation in Milan

If you or someone close to you is experiencing any form of physical or psychological violence, it is essential to know that there are concrete solutions for your protection. Asking for help is the first step to regaining control of your life. Lawyer Marco Bianucci, with extensive experience in handling cases related to the Red Code in Milan, offers attentive listening and legal assistance aimed at immediately activating all legal protections. Contact the firm at Via Alberto da Giussano, 26 to receive qualified, strategic legal support that fully respects your privacy.