In the area of family law, it is essential to understand the distinction between two forms of violence that unfortunately affect many people in our society: domestic violence and gender violence.
In this article, we will explore in detail the differences between both concepts, as well as their legal and social impact.
Definition and Characteristics of Domestic Violence:.
Domestic violence refers to any form of physical, emotional, sexual or economic abuse or aggression that occurs within the family or domestic environment.
This may involve married or unmarried couples, parents and children, de facto couples, or any family member.
It is important to note that domestic violence is not limited to a specific gender, and both men and women can be victims.
Definition and Characteristics of Gender Violence:.
On the other hand, gender violence refers to any form of violence that is exercised against a person due to their gender, particularly against women as a consequence of gender discrimination and inequality.
This form of violence can manifest itself in various forms, such as physical, psychological, sexual, economic and symbolic violence.
It is important to highlight that gender violence is a manifestation of unequal power relations between men and women, and is usually perpetrated by men against women in the context of intimate relationships.
Legal Framework and Legal Protection:.
In legal terms, both domestic violence and gender violence are prohibited and constitute crimes in most legal systems.
However, there are differences in the way these cases are addressed and punished.
Legislation usually provides for specific protection measures for victims of gender violence, such as restraining orders and specialized care services.
On the other hand, in cases of domestic violence, measures may vary depending on the jurisdiction and the specific circumstances of the case.
Tips and Measures to Protect Safety and Legal Rights both Domestic Violence and Gender Violence.
- It is crucial to communicate the situation to an attorney and trusted people, such as family or friends, to establish a record of events and obtain emotional and legal support.
- Recording any incident or seeking shelter in places with security cameras can provide crucial evidence if necessary, as well as having witnesses willing to back up the facts.
- Seeking immediate medical attention in the event of injuries or anxiety attacks is essential to properly document and treat the physical and emotional consequences.
- Writing a letter detailing the situation and submitting it to the nearest police station can help create an official record of the events and alert authorities to the situation.
- Writing down each incident in detail, along with witness testimony, can be invaluable during any future legal proceedings.
- In the event of police detention or interrogation, it is important to know and exercise your legal rights, including access to a lawyer and the possibility of requesting a Habeas Corpus (See note after paragraph) in case of illegal detention.
- Habeas Corpus, This is a fundamental right recognized in the Spanish Constitution and in criminal procedural legislation. Habeas Corpus is used to protect individual liberty and ensure that a person illegally detained is brought before a judge or competent judicial authority to determine the legality of the detention and, if appropriate, order immediate release if compliance is not met. the legal requirements for detention. It is a fundamental mechanism to safeguard human rights and prevent arbitrary detentions.
- During the statement before the judge, it is crucial to deny any false accusations and provide solid evidence to support your innocence, as well as request protective measures and appropriate counseling.
- After receiving a restraining order, it is essential to comply with it and report any attempted contact by the complainant to the relevant authorities.
- These measures can help both men and women protect and defend themselves in situations of domestic or gender-based violence, ensuring that their rights are respected and appropriate measures are taken to ensure their safety and well-being.
Both forms of violence have a devastating impact on victims, both physically and emotionally.
Domestic violence and gender violence can cause trauma, anxiety, depression, low self-esteem and other mental health problems in victims.
Furthermore, these forms of violence can also affect children who grow up in an environment of violence, thus perpetuating an intergenerational cycle of abuse.
Recent News Related to Domestic Violence and Gender Violence:.
Law Enforcement and Sentencing: Judges are taking a harsher approach in imposing sentences on perpetrators of domestic and gender-based violence.
Harsher penalties and alternative restorative justice measures are being used to ensure accountability and deter recidivism.
Conclusion:.
In short, the difference between domestic violence and gender violence lies in the context and underlying motivations for the violent acts.
However, both forms of violence are unacceptable and must be addressed with seriousness and determination by lawyers so as not to lead to more complicated situations.
It is crucial that victims of domestic violence and gender-based violence seek help and support as soon as possible.
There are specialized family lawyers who offer information and assistance to victims, including guidance on how to proceed legally from the beginning to direct the agreements, defense or appropriate measures for the good of all those involved in the case of agreements or defend correctly in case of clients who do not reach first agreements.
Do not hesitate to contact us for professional and personalized help.
We will offer you guidance on your rights and assist you in protecting your interests throughout the process.
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