Lawyer for Domestic Abuse in Madrid and Family Violence
We are a law firm specialising in abuse and domestic violence offences in Madrid, particularly in child-to-parent violence (domestic violence).
Contact us! Nowadays, what many parents need is: courage, courage and more courage! They need a break to regain strength and be able to carry on, strength to endure the situation they face on a daily basis, as they are forced to live with their children who are minors, but also alleged juvenile offenders who engage, within the family environment, in habitual abuse. These parents suffer in silence and even without the support of the rest of the family.
reaching adulthood
The best lawyer to defend you from child-to-parent domestic abuse offences
At our criminal defence law firm, after 25 years of extensive professional experience in this field, we know that allowing such behaviour could create a breeding ground for it to, in the future, be directed towards other people, such as boyfriends or girlfriends, friends, spouses, their own children, or even lead to the commission of more serious offences such as gender-based violence.
In some cases, the so-called intrafamily violence consists of psychological abuse, in which minors insult and shout at their parents on a continuous basis in their daily lives and without any reason. It becomes their way of communicating. In other cases, minors go beyond this stage and reach physical aggression.
These are cases in which parents do not give minors what they demand, but it also often occurs without any apparent reason. What is certain, however, is that it is usually accompanied by the minor’s addiction to toxic substances or video games.
Legislation on child-to-parent abuse
Given that this is a phenomenon that has been present in our society for several decades, it is necessary to have the best legal advice, and for this purpose it is extremely important to be advised or defended by a criminal lawyer specialised in these offences.
Minors who commit child-to-parent abuse offences, engaging in behaviour such as disrespect towards their parents, come from all social backgrounds and generally refuse to accept help from specialists such as psychologists or psychiatrists.
Some parents cope with this situation on their own, in fear and feeling ashamed of their children’s behaviour. They face it without help or even with a misguided overprotective attitude towards their children, from around the age of 14 until they reach adulthood or emancipation. Other parents seek help but do not find it. They find neither assistance nor real support for their problem, turning their lives into a constant back and forth between social services and family support centres. The problem that usually arises in these cases is that they are led to failure (except in more serious cases, such as when physical assaults occur or other offences are committed) due to the minor’s lack of cooperation.
In the most serious cases mentioned above, by filing a REPORT at a National Police station, at a Civil Guard barracks, at the duty court, or at the GRUME, a criminal proceeding is initiated under Article 173, paragraphs 2 and 3 of the Criminal Code, which is defined as follows:
01 The conduct and its penalty
The person who HABITUALLY exercises physical or psychological violence over their spouse or over a person who is or has been linked to them by an equivalent affective relationship, even without cohabitation, or over descendants, ascendants, or siblings by nature, adoption, or affinity, of their own or of the spouse or cohabiting partner, or over minors or persons with disabilities in need of special protection who live with them or are subject to the parental authority, guardianship, legal custody, foster care, or de facto guardianship of the spouse or cohabiting partner, or over any other person protected by a relationship within the family unit, as well as over persons who, due to their special vulnerability, are under custody or guardianship in public or private centres, shall be punished with a prison sentence of six months to three years, deprivation of the right to own and carry weapons for three to five years and, where appropriate, when the judge or court deems it appropriate in the best interests of the minor or person with a disability in need of special protection, special disqualification from exercising parental authority, guardianship, legal custody, foster care or guardianship for a period of one to five years, without prejudice to any penalties that may apply for the specific acts of physical or psychological violence committed.
02 Aggravating circumstances (upper half of the penalty range)
The penalties shall be imposed in their upper half when any of the acts of violence are committed in the presence of minors, or using weapons, or take place in the shared home or in the victim’s home, or are carried out in breach of a penalty provided for in Article 48 or a precautionary or security measure, or a prohibition of the same nature.
In the cases referred to in this paragraph, a probationary supervision measure may also be imposed.
03 How habituality is assessed
To assess the habituality referred to in the previous paragraph, regard shall be had to the number of acts of violence that are proven, as well as to their temporal proximity, regardless of whether such violence has been exercised against the same or different victims included in this article, and regardless of whether the violent acts have or have not been the subject of adjudication in previous proceedings.
What forms of aggression exist in child-to-parent abuse?
- Physical abuse, which consists of any act or aggression that causes injury or illness (bruises, fractures, wounds, burns, etc.).
- Psychological abuse, which causes suffering in the victim, as well as devaluation and manipulation. Examples include insults, humiliation, and so-called mental cruelty.
Technical defence
