One of the most debated topics in recent times is about domestic violence, and how intrafamily violence fits into the penal code. This is due to the fact that in the headlines of the news, the manifestations exerted by different areas of the social structure have not stopped appearing and it is one of the key issues that the World March for Nonviolence pursue
Domestic violence is covered by the criminal code, that is, it has its own body of rules and laws by which people who commit a criminal act in this area are judged. If someone is involved in a problem of this nature, it is best to consider look for professional lawyers for domestic violence, since they can be good experts in this matter that help to solve the intricate once it has already occurred.
Domestic violence continues to be one of the most serious problems that society has today, and this is due to the fact that it encompasses different social conflicts that always occur within the same scope as emotional family violence, violence to the collective LGBT or towards any other member of the family, children, women or elderly people, among other groups.
The crime of intrafamily violence is included in the domestic violence law within the criminal code. If you are suffering from a situation such as those mentioned in the previous paragraph, it is necessary to go to the competent authorities or seek professional help to solve this situation.
Domestic violence: Definition
La definition of domestic violence is that violent act that occurs within the term that refers to the same word indica, "domo", that is, house or home. This intrafamily violence is usually exercised by a member of a family towards another member, and includes violent acts that range from the use of physical force, harassment, intimidation or harassment.
This must occur within a household and must be perpetrated by a family member towards another member of the same family. This type of family or domestic violence usually includes:
- Physical violence, which translates to the act of hitting causing damage to the person.
- Sexual violence, to any member of the family.
- Threats, whether physical or psychological
- Emotional domestic violence
- Harassment or economic abuse which involves loss of independence.
One of the characteristics of domestic violence, is that it is very difficult to count the real data, given that it is usually a social stigma and not usually openly denounce domestic violence for every act committed. This makes it difficult for the authorities to keep an exhaustive record of cases of domestic violence more common than usual. About what age is more frequent or at what socioeconomic levels are more common.
It is necessary to ask for help, and seek a legal solution, and that is among the indicators of domestic violence is the social isolation of the affected person or family, because according to domestic violence surveys, most cases never come to be reported and even, to be counted to other members of circle of friends.
The penal code of domestic violence
Much is discussed about the penal code of domestic violence, and is that often confused with the law of gender violence.
The first thing to clarify is that although the two are figures are usually given in the family, and are collected in articles 173 and 153 of the Criminal Code, are two types of significantly different violence, although they are still types of violence after all.
What do we know about the law about this type of aggression?
Domestic violence within the penal code It would be the one that is exercised within the family nucleus, that is, over those people who live in the same nucleus. It is thus intended to protect more victims that can occur within this group and which is very complex to leave due to the link that exists between them.
The cases that can occur under this denomination are very broad, that is why the law leaves open the door to different interpretations, since it is usually focused on vulnerable people, or in foster care regimes. Therefore, it is necessary to study each case to know what is considered intrafamily violence and what is not.
Therefore to the question of What does domestic violence mean?, it can be answered as one that takes place within a family nucleus or a home. If you want to have more information about domestic violence It is necessary to go to centers specialized in this subject, in them social workers, jurists and expert staff will make available to anyone who needs information and relevant measures on the subject.
What could we say that is intrafamily violence exactly?
The law on intrafamily violence establishes that it will be considered that breach of it when violence is applied, physical, psychological or emotional on the following members of the nucleus:
- Couples, spouses or ex-spouses
- Couple, that although it does not live with the aggressor if a strong bond joins him.
- The descendants, ascendants, adopted, siblings, close relatives by the spouse, all must live with the perpetrator.
- Minors unable or in parental custody, guardianship, fostering or guardianship of the spouse.
- Covered person who is inside the coexistence nucleus with the aggressor.
- Vulnerable people who are under guard and custody in public or private centers.
At present, due to the economic crisis many people have been forced to return to the previous family nucleus, and to live together together, thus provoking new scenarios among close family members.
Criminal acts committed between mere roommates, it does not fit inside of the concept of domestic violence, since although they are forced to live together to distribute expenses, there are different degrees of freedom. Among them there is no emotional bond, either through them or a family member who is also at home.
Domestic violence according to WHO, states that the percentage of aggressions against women perpetrated by their partners or former partners is much higher than those that may be suffered by strangers. What leads to a very high level of psychic and physical conditions that ends up damaging them psychologically, because they are constantly exposed to violence.
All these acts of violence towards them increased the possibility of suffering serious health problems in the long or medium term.
History of violence at the domestic level
For decades, domestic or intrafamily violence encompasses any conflict that has occurred within a family, without making distinctions. And it is that although nowadays and there have always been men killed by domestic violenceIn rare cases these are usually caused by a woman or by a crime of hatred towards the man by a female spouse.
For this reason, a separation was started between the violence suffered by men within the family nucleus and that suffered by women. And, in a greater percentage men are mistreated or assaulted by other men within the so-called domestic violence, and women are also assaulted by men, not by other women, at least in most cases.
Hence, the reason why a subdivision was created in the domestic violence law, called gender violence within the CP corpus of domestic violence
Day of domestic violence
There is not in itself a day of specific domestic violence, but there is a international day of violence against women. Each November 25 is commemorated since the 1981 year. It aims to raise awareness and raise awareness about the violence suffered by women in the world just because they are so.
For that reason it is so important in turn have knowledge of the penal code that encompasses domestic violence, to know where to include the different facts and not to assume that all crimes are judged in the same way.
Organizations that fight against this violence
Different organizations that offer help to people who have gone through cases of domestic violence as well as cases of gender violence can be found all over the world. And is that Domestic violence, divorce and psychological adjustment They can be hard and long processes. The people who go through this need to have in most cases psychological care, a support house and groups of people to help them close the cycle.
There are endless domestic violence, because it is a paradigm that encompasses different people, from men, young people, women, children or the elderly. Each case is different and is supported by different organizations that fight for the same.
Different types of domestic violence
- Physical domestic violence: the damages caused in the body, wounds, bruises, bruises, caused by slaps, pushes or kicks among others.
- Acts of violence: devaluation, fears, threats, screams or jealousy.
- Domestic sexual violence: sexual aggressions and impositions. Abuse of power over the person in question to get an unwanted sexual act by one of the parties.
- Economic domestic violence: This is very common and is often confused. The deprivation of money or the blackmail produced when one of the parties does not have it, is very frequent and humiliating.
Domestic violence crime and what to do before it
The factors of domestic violence can be many and that is why many wonder what to do in the face of intrafamily violence. The crime of domestic violence is punishable by law, so if a person is living this type of the best thing is to resort to the police to file a complaint to seek a solution together.
One of the measures that usually asks the victims when these types of violent actions occur is that they take pictures of domestic violence, because this will help in the trial to prove firsthand the events that have taken place. It will be one of the main tests that lawyers can use to win the case.
It is important that all these cases go to trial, especially so that the person who has committed the criminal act pays his penalty and in some cases can receive help. And another very important reason is also that the more crimes of intrafamily violence are judged with the penal code, the more jurisprudence of domestic violence can be created, making legal battles more and more simple to solve, since there are more cases and testimonies than endorse the evidence and judgments that will be issued.
Emotional domestic violence
Emotional intrafamily violence is one that seeks to attack people through emotional blackmail, resorting to their emotions to get them to perform acts that go against their values or interests, just for the fact of not making another person feel bad, in this case the abuser.
LGBT domestic violence
Domestic LGBT violence is one of the new factors that should be included in studies, statistics and laws. And this new model of family has gone unnoticed in recent decades and the time has come to observe that they commit crimes, abuse and violence as in other homes.
Domestic violence towards men: what perspective to take
This is perhaps one of the sensitive points within intrafamily violence, Many people think that men killed by domestic violence, do not count as important deaths.
What must be clear is that all acts of violence are the same and all lives have the same value within a society. The reason why these murders occur, and the people who execute them is not usually the same as when one occurs because of gender violence.
Men killed by domestic violence
Statistically men usually die in most cases at the hands of other men, and for different reasons not always related to each other. On the contrary, the violence exerted against women within the domestic sphere is usually produced by men and under a pattern of similar order.
Can we point to patriarchy as the origin of this violence?
Many analysts place the patriarchal family format as the source of domestic violence and of gender. When civilizations began to realize them they began to create defense agencies such as the criminal code of intrafamily and gender violence.
The historical has been forged around the supremacy of the male gender, which allowed to forge families, which represented a solid power for the state (made up of men), because they could preserve order and dictate through the family patriarch that doctrines were the suitable for a "good family".
This power and normativity on what is and should be a family structure has been creating a scale of power and violence that today, when many doctrines have been released, continues to perpetuate the idea, that is the man in the house and the (masculine) State in society, who must dominate and control that everything follows its established order.
Domestic violence is not a situation that occurs only in a country or within a certain culture. Many may think that in developed countries, domestic violence is inferior, or that the penal code related to intrafamily violence is much more effective than in other countries considered to be developing.
But the truth is that for example domestic violence in the United Statess, which is one of the supposedly most developed countries, has a disturbing domestic violence figure, since only in the 2015 more than 1600 women were murdered by men with whom they maintained or had maintained a relationship.
As previously mentioned, the consequences of domestic violence are devastating, because if in the end they end in murder, the family breakdown is very great, producing the smallest of the house irreparable physical and psychological damage.
This type of behavior occurs in all social strata, no matter the economic situation that is possessed, domestic violence and more specifically gender violence can occur in any situation, as the popular case of domestic violence of Osvaldo Rios. This person is a well-known soap opera actor who has several complaints about domestic violence.
The cycle of domestic violence is very dangerous, and it is necessary to break it by denouncing the cases that are suffered, since it is the only way to be able to leave it and thus try to lead a better life.
Characteristics of intrafamily violence in Spain
Within the penal code of domestic violence in Spain different types of violence are included, which in turn have different characteristics of domestic violence.
Thanks to the legal fortune, today you can read a lot of data from domestic violence in the Spanish context, making this body stronger and stronger and face a trial of intrafamily violence with different legal arguments and weights.
Contract for workers victims of domestic violence
When there has been intrafamily violence, some organizations provide these people with hiring in different jobs, in this way they can leave the family nucleus, become independent and obtain the courage to denounce the different violent acts they have suffered.