In this case you risk the crime of ill-treatment in famiglia-proiezionidiborsa.it

Family relationships lead to addressing very delicate issues. In fact, the entitlement to maintenance or divorce payments, the management of children in separated couples, the attribution of the family home are all legal/family problems to be handled with caution. Even more attention must be paid by the judge, as well as all the subjects who find themselves involved in these events, in the event that behaviors emerge, in the family sphere, which can lead to the crime. For example, in some cases the jurisprudence has stated that in order to commit the crime of abuse in the family, the condition of cohabitation is not necessary

The courts deal with family-related legal matters on a daily basis. The attention of legal practitioners, in these cases, must be maximum. Indeed, enter into relationships and family dynamics it is always a very delicate operation especially if it involves minor children. Very often in the Court we discuss about determination of maintenance allowance or dissolution and destination of the assets of the legal community. Or still about the custody of children or the assignment of the loan on the family home to the non-owner ex-spouse.

For example, an interesting question has recently arisen, in particular of whether theex wife that you resign from your job is entitled to payment of alimony. Another very current issue, recently analyzed by the Court of Cassation, concerned the conditions on the basis of which the crime is triggered in the event of non-payment of the maintenance allowance.

family obligations

Even more recently, the Court of Cassation has dealt with another important issue in the family sphere. In particular, the judges explained when the crime of abuse in the family is integrated. Even without cohabitation in this case there is a risk, in fact, of the crime of article 572 of the Penal Code which leads to up to 7 years of imprisonment. The case was that of a man who, according to medical reports and other evidence, used to mistreat her partner causing her injuries.

The crime of abuse in the family-proiezionidiborsa.it

The crime of abuse in the family-proiezionidiborsa.it

The man opposed to judges, however, the circumstance by which he no longer cohabited with his partner and that, therefore, one of the conditions required by article 572 was not integrated for family abuse. And, therefore, at most, the crime of personal injury punished much less severely, up to 3 years in prison, could be considered integrated. However, the Cassation rejected the man’s reasons deeming integrated the crime of abuse in the family.

Even without cohabitation in this case you risk a sentence of up to 7 years in prison

The Cassation has in fact explained that for having been mistreated in the family and therefore the type of crime, the condition of cohabitation is not necessary.

The condition of cohabitation-proiezionidiborsa.it is not necessary

The condition of cohabitation-proiezionidiborsa.it is not necessary

Article 572 is satisfied either with a marriage bond, with cohabitation or, alternatively, with a stable emotional relationship. Even the total absencethat is, of legal constraintsthe fact remains that a stable emotional relationship could form between two individuals. If this exists and there are more repeated episodes of violence over time the crime of abuse in the family can be easily integrated.

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