It is the crime that arises when violence is exercised in the family home on any member of the family.
This crime is excluded from the assumption of physical or mental violence of man over women, as it is a crime of gender violence.
Article 173.2 CP sanctions the crime of domestic violence with prison terms from 6 months to 3 years, deprivation of the right to possession of weapons from 3 to 5 years, and if the judge considers it appropriate, special disqualification from exercising parental authority on children from 1 to 5 years, without prejudice to the accumulation of sentences for crimes in which acts of physical or mental violence are materialized.
The sentence will be aggravated – it will increase – if, at the time of the facts, there was already a judicial order against the aggressor, such as the deprivation of the right to reside in specific places close to the victim or the prohibition of approaching the victim or his victims. relatives or having contact with them.
On many occasions, the victims of a crime of domestic violence are overwhelmed by the complex family situation. If it is still possible, there are extrajudicial mechanisms to try to achieve family peace, such as family mediation. The criminal law will not resolve the disagreements of the family nor the social conflicts of its members.
