Domestic violence. How to act in case of domestic violence against women.

Lawyers gender violence
Domestic violence. How to act in case of domestic violence against women.
Published on: by G.Elías y Muñoz Abogados

Table of contents

Gender-based violence, as well as domestic violence against women, continues to be an all too common problem in society today. However, public awareness, together with the implementation of new laws and protective measures, is gradually helping to see the light at the end of the tunnel. In this article we would like to highlight how to act in the event of domestic violence.

What is gender-based violence?

The first thing we want to do is to differentiate between the different types of violence that exist, although it is true that we will focus on gender-based violence and domestic or intra-family violence. This is mainly due to the fact that both terms are often misused and interpreted as synonyms when, in fact, they are not.

Gender-based violence is violence against women simply because they are women. Moreover, it can occur within the home, but also outside (at work, in social and family relations or in any area of public life). It is mainly based on the supposed superiority of the male over the female sex.

What is domestic or intra-family violence?

Domestic violence is violence that takes place solely and exclusively within the home. In fact, this is where it gets its name from, as the prefix 'domo-' means 'house'. In this case, this type of psychological, physical, verbal or any other type of violence does not necessarily have to be carried out by men.

The concept of domestic or intra-familial violence encompasses many cases. In fact, it would be possible to label violence perpetrated by a mother on her children or vice versa, a grandfather on his grandchildren, etc. as such. In short, all violence that occurs within the family.

Differences between domestic and gender-based violence

After explaining both definitions, it is possible to draw some conclusions. Firstly, gender-based violence can occur within domestic violence but, as soon as it takes place outside the home, it can no longer be classified as domestic violence. In addition, domestic violence encompasses many other forms of physical or psychological violence that occur within the family and between relatives of any kind.

What to do in case of domestic violence against women?

In most cases, domestic violence against women can be classified as gender-based violence. In this sense, there are a series of measures that should be taken as soon as possible to prevent the damage from becoming more serious.

1. Request assistance by telephone

All women have the free 016 telephone number at their disposal. This is operational 365 days a year, 24 hours a day and leaves no trace on the bill, so no one will know that they have called when they check it. If the call is made in a situation of immediate danger, the team of professionals operating there refer the call to the 112 emergency telephone number. If this is not the case, they proceed to inform and advise about all available resources. Hearing impaired people can call 900 116 016.

Of course, conventional security services are also available for women who are victims of domestic or gender-based violence. In this regard, they can call the Guardia Civil (062) or, directly, their Women and Minors Team. They can also telephone the National Police (091) or go to the Women's Advice Service at the nearest police station, as well as contact the Local Police (092) or go to the Service for Victims of Domestic Violence.

2. Immediately go to a hospital or health centre.

The next step is to go to a hospital or health centre so that the appropriate team of doctors can make a complete examination and determine the injuries suffered. In this sense, if you have suffered a rape, you only have to ask the staff to do a specific examination. In any case, they will be in charge, without the intervention of the victim, of transferring the medical report to the Duty Court. However, the victim must request the injury report. On the other hand, if it is impossible for the woman to go to the medical centre, she can call 112 and ask the emergency service to go to where she is.

3. Report the Assault

Complaints are the main weapon in the fight against abuse against women. For this reason, it is important that, after obtaining the injury report, you go to the Guardia Civil barracks, to the police station or to the nearest court to file the corresponding complaint. There you will have to tell everything that happened and identify the aggressor. It is also important to specify if you have children and if they are in danger. The victim has the right, at that moment, to request the assistance of a lawyer.

4. Apply for a protection order

This order is granted immediately to the victim. In fact, it can be requested by the victim or any other close relative. Afterwards, it only has to be presented at the court, at the police station or at the Guardia Civil barracks.

5. The option of leaving home

Women victims of domestic violence should know that they do not have to be afraid to leave their homes. In fact, they can do so freely without giving up any of their rights after filing a complaint. However, they can also do so under the same conditions as long as they file the complaint within 30 days. Moreover, the complaint may or may not be accompanied by the application for separation. For their part, in the event of any fear of returning to collect personal belongings, the Guardia Civil and the police will accompany the victim.

In short, this is the usual protocol for action in cases of domestic violence against women. We hope we have been of help.

If you need more information do not hesitate to contact us.

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