Wolfenson Lawyers provides advice and representation to our clients in case they are exposed to violence in the family nucleus.
In the delicate case in which a person suffers physical or psychological violence from members of their own family, it is possible to initiate measures aimed at protecting their personal integrity and that of the rest of the family nucleus.
Our Firm provides timely advice for the protection of their integrity and their rights within the family, which is the fundamental nucleus of society.
Here is a legal guide to give you general guidance on family violence:
What is Domestic Violence (VIF)?
IFV consists of any mistreatment that affects the life or physical or psychological integrity of a person who has the status of spouse, ex-spouse, partner, ex-partner, parents, children, uncles, nephews , as well as with respect to minors , disabled or older adults who are under the care or dependence of any member of the family of the person who carried out the violent act . Acts of violence may or may not constitute a crime depending on various circumstances such as habitual mistreatment or injury . It is in this sense that the Family Court deals with this matter in case violence does not constitute a crime, while on the contrary, in the event that a crime is constituted as happens with habitual mistreatment, it will be the Public Ministry who will conduct an investigation based on the background information forwarded by the Family Court.
What is habitual abuse in domestic violence?
We must understand "habitual abuse" to mean physical or psychological violence routinely exercised against people who are protected by Law No. 20,066 ( Domestic Violence Law). The penalty for having committed this crime varies between 61 days 3 years in prison, unless the act constitutes a more serious crime , in which case the penalty assigned to the latter is applied.It is necessary to bear in mind that there is a registry kept by the Civil Registry and Identification Service regarding individuals who have have been convicted of perpetrating domestic violence, which information will appear on the offender's respective certificate of record .
What sanction will the person who committed an act of domestic violence have?
Anyone who has committed an act of domestic violence without habitual mistreatment will have a sanction consisting of a fine that varies from average to 15 UTM that must be paid by the offender. Said money goes to the direct benefit of the Regional Government corresponding to the domicile of the plaintiff / complainant in order to be allocated to care centers for victims of domestic violence in the corresponding region.
What protection measures can I request from the judge against the use of violence?
1. Obligation for the offender to leave the home he shares with the victim.
2. Prohibition of the offender from approaching the victim or his home, place of work or study, as well as any other place where he usually attends or visits.
3. Prohibition for the offender to carry or have firearms . If you already have one, it is confiscated.
4. Compulsory attendance at therapies or family orientation programs .
What to do if I am a victim of domestic violence?
It is advisable to make the complaint in the Police, Investigative Police , Prosecutor's Office or Courts . Request protection measures if you need them. If you suffer physical assault , go to a healthcare center to verify your injuries and demand a copy of the certificate. Finally, contact our family law attorneys to access adequate advice .
Protective behaviors for minors?
It is recommended to inform the educational establishment if there is a judicial measure prohibiting or restricting the accused from approaching children . Request that they only be removed from school by authorized persons . Request that address or telephone information not be released by the educational institution to anyone. Request the name of an adult from the school to which the children can go in case the accused approaches them.
Protective behaviors and help from family members?
Tell your family or other close people (friends, neighbors) about the situation you are experiencing, since they can be key agents for your protection . Talk to your family or friends about the possibility of being received in an emergency.
Protection from domestic violence at work?
Inform your employer of the situation you are experiencing, so that they can prevent the accused from entering his job.
Record or record any form of harassment of you by the accused , such as recurring or intimidating phone calls, messages or emails .
Protective behaviors against domestic violence?
Have the Carabineros phone or the quadrant plan in easily accessible places, know it from memory or program it on the cell phone, even with speed dial mode (a single pre-assigned key). Change the locks or plates of the access doors, if due to a protection measure or voluntarily the defendant has moved away or changed from the common home . Inform the Prosecutor's Office or notify the Police if the accused has access to firearms and / or they are in the common home. Have the safest places in the house identified. Consider that these spaces have doors or windows to escape or repel an attack and where the accused does not have access to elements that can be used to cause physical damage , for example, kitchen knives. Do not use weapons in self defense.
Wolfenson Abogados has lawyers specialized in family law and family violence (VIF).
Links of interest on Domestic Violence in Chile :
1.- Civil Code
If you need more information and legal advice regarding domestic violence, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.