Dealing with the violation of a protection order by an ex-partner is an experience that causes deep distress and justified concern for one's safety. In these critical moments, it is essential to act promptly and with clarity. As a criminal lawyer in Milan, Avv. Marco Bianucci fully understands the sensitivity of these situations and the urgency of immediately activating the protective measures provided by the Italian legal system.

The Legal Framework: Violation of the Restraining Order

In our criminal justice system, the violation of orders for removal from the family home and the prohibition of approaching places frequented by the victim constitutes an independent and serious offense. The legislator has introduced specific regulations to severely punish those who evade or breach precautionary measures or protection orders issued by civil or criminal courts.

For the crime to be constituted, it is sufficient for the subject of the measure to engage in conduct incompatible with the imposed prescriptions, such as appearing at the victim's workplace, near their home, or attempting direct contact when expressly forbidden. The legal system's reaction to such transgressions must be swift, potentially leading to the aggravation of the existing precautionary measure, up to pre-trial detention in prison in the most serious cases.

The Approach of the Bianucci Law Firm in Milan

When faced with the violation of a protection order, the approach of Avv. Marco Bianucci, a criminal lawyer in Milan, is based on maximum responsiveness and empathetic listening to the victim. The Bianucci Law Firm is well aware that behind every case there is a person who needs to feel safe and protected by the institutions.

The first step involves the meticulous collection of all evidence useful for documenting the violation: messages, testimonies, recordings, or the intervention of law enforcement. Subsequently, Avv. Marco Bianucci proceeds with the prompt drafting and filing of a criminal complaint or a request for aggravation of the precautionary measure with the competent Public Prosecutor's Office. Every action is carefully considered and shared with the client, building a solid and targeted defense strategy aimed at immediately restoring conditions of safety.

Frequently Asked Questions

What should I do if my ex shows up at my house, violating the restraining order?

The very first action is to immediately call the single emergency number and request the intervention of law enforcement. It is crucial not to open the door and not to seek confrontation. Subsequently, it is essential to inform your criminal lawyer to formalize the incident and request the aggravation of the ongoing measure.

What evidence is needed to prove that the protection order has been violated?

Any objective element can constitute proof of the violation. Police reports from law enforcement interventions at the scene, statements from witnesses who observed the event, surveillance camera recordings, as well as any messages, emails, or calls received from the ex-partner in violation of the communication ban, are extremely useful.

What are the risks for an ex-partner who violates a judge's order?

The violation of an order of removal or a restraining order is severely punished by the penal code. In addition to the prison sentence provided for the specific offense, the immediate consequence is almost always the aggravation of the precautionary measure. The judge, after assessing the transgression, may impose more restrictive measures, such as house arrest or, in cases of greater concern, imprisonment.

Protect Your Safety: Contact the Bianucci Law Firm

The violation of a protection order is a warning sign that should never be underestimated. If you find yourself in this difficult situation, it is imperative to act with the assistance of a qualified professional. Contact Avv. Marco Bianucci, a criminal lawyer in Milan, to schedule a confidential consultation at the Bianucci Law Firm at via Alberto da Giussano, 26. Together, we will promptly assess the facts and activate all the necessary legal tools to ensure your peace of mind and safety.