Abusi familiari e ordini di protezione

Translated title of the contribution: [Autom. eng. transl.] Family abuse and protection orders

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The encyclopedic entry analyzes the discipline of protection orders against family abuse, introduced in articles 342 bis and ter of the Italian Civil Code by law 4 April 2001, n. 154. These measures, ensuring the prompt neutralization of prejudicial conduct and the prevention of future occasions for prejudicial injury, are ascribed to non-precautionary injunctive protection, since, despite having temporary effects, they lack instrumentality, even if only potential, for an ordinary judgment with full knowledge. From the point of view of the subjective sphere of reference, the interpretative alternative between the application only to family relationships based on status and the extension to para-family relationships based on cohabitation is problematic. From an objective point of view, the notion of family abuse - identifiable with any conduct causing serious damage to the health, moral integrity and freedom of the person - is examined by comparing it with family abuse and with violations of marital obligations. Further attention is paid to the contents of the protection order, with particular reference to the assignment of the family home to the victim and the maintenance allowance paid by the perpetrator of the abuse, as well as coordination with the measures envisaged for the benefit of minor children by articles 330 and 333 of the civil code in case of abuse of parental responsibility.
Translated title of the contribution[Autom. eng. transl.] Family abuse and protection orders
Original languageItalian
Title of host publicationFamiglia
EditorsF Macario
Pages1-25
Number of pages25
VolumeIV
Publication statusPublished - 2022

Publication series

NameEnciclopedia del diritto - I Tematici

Keywords

  • Abusi familiari
  • Ordini di protezione
  • Violenze familiari

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