Immediate protection against domestic violence: a practical Guide, and your best legal defense.Made in Colombia.

In Colombia, according to reports issued by the ministry of justice, the numbers of domestic violence are alarming, not only because of the frequency with which these events occur but also by the lack of information on how to act in such situations. Therefore, in this article we will explain what is meant by domestic violence, what are the measures of protection which may be applied in case of being a victim, as well as their legal effects, sanctions, and other relevant aspects.

What is domestic violence?

Domestic violence it is defined as any form of physical, psychological, sexual or economic exercised within the family environment.

Physical abuse: occurs when a person generates a intentional damage to another by use of force, object or weapon, generating with this injury, or damages to your integrity.
Psychological abuse: this Includes behaviors, actions, or omissions that undermine the self-esteem, identity, or personal development of the victim.
Sexual abuse: Occurs when forces a person to perform sexual acts against their will, or to participate in interactions that the victimicen and of which the perpetrator obtains gratification, as it is even if the perpetrator is the spouse or permanent partner.
Economic abuse: Includes the behaviors of the abuser that affect the livelihoods and well-being of the victim and his family, such as the control abuse of the resources, the seizure or destruction of personal property.

These acts can occur in any circumstance, and are deeply destructive to the harmony and unity of family

What to do in case of domestic violence?

If a person is a victim of domestic violenceit is of paramount importance to act immediately to prevent serious consequences. One of the main tools available are the measures of protection, which have as a purpose to avoid the repetition of the facts, to ensure the rights of the victim and the reset in a direct way.

Such measures can be ordered directly from the Commissary of the Family closest to the place of residence of the victim, where the aim is primarily to safeguard their integrity, health, life and dignity. Once you have submitted the application, the competent authority adopts preventive actions and effective so that the victim has the protection of the future or possible acts of violence that the offender may commit against, at the time that initiate corresponding investigations to end in a definitive manner to the violence.

What are the measures of protection, their effects, and the penalties for non-compliance?

Protection measures are set out in the Act 294 of 1996, and are intended to provide an immediate response situations of domestic violence. Its objective is to ensure the safety of the victim, avoid the repetition of the events and prevent further damage while you are ahead of the corresponding investigations, as the complaint with the Prosecutor General of the Nation.

Such measures are:

Order of abstention: the offender is prohibited from performing again behaviours of violence.
Eviction of the home: it orders the abuser to leave the home shared when their presence poses a threat to the life, integrity or health of the victim or the family. This measurement is executed with the support of the National Police, and in case of minors, with the presence of the Police of Childhood and Adolescence.
Prohibition of approach: it orders the abuser to stay away from the places where they found the victim, in order to avoid intimidation, threats or disturbances.
Protection of minors and persons in a position of helplessness: the attacker has no hiding or moving children or people with disabilities in the family.
Obligation of re-education: ordering the abuser to go to a treatment re-educational and therapeutic (the costs are borne by the perpetrator).
Payment of necessary expenses in the process: the attacker must make the payment for guidance and counseling, legal, medical, psychological, and psychic that requires the victim, as well as all the required procedures if necessary.
Police protection temporary: security is provided special to the victim by the police, both in your home and in your workplace.
Visitation: you decide provisionally the care and custody of sons and daughters, if any; when the judge, this decision cannot be ratified or amended.

Some other measures are: Suspend the offender's possession and bearing of arms, also define provisionally assume the pension food, prohibit you from performing acts on the property of the conjugal partnership, and order the return of personal items of the victim, among others.

It is important to emphasize that these measures are not mutually exclusive, so that can be taken several simultaneously, always with the aim of providing comprehensive protection and effective to the victim. In addition, the authorities can order any other measure necessary to ensure their safety and rights.

What are the effects of these measures?

The measures of protection have as a main effect safeguard immediately to the victim, preventing to continue to be compromised by their abuser, and preventing the situation from getting worse. In addition, to ensure support and institutional support, while advance relevant research.

You do not abide by the security measures, the offender may face various penalties, which are:

If it is for the first time, is a fine between 2 (two) to 10 (ten) current minimum legal monthly wages, which must be entered within 5 (five) days of its imposition. This penalty can result in an arrest of three days of arrest for each minimum wage is imposed the fine.
If the violation is repeated within a period of two years, the penalty will be of arrest between 30 and 45 days.

It is important to mention that, once aware of these situations, we will inform the office of the Attorney general to investigate possible offences which may be incurred by the perpetrator, with the purpose of determining criminal liability.

How is the procedure of the application and who can do it?

The application of protection measures can be presented in the following ways:

Who can apply?

The victim
Any other person acting on your behalf
The Family Advocate when the victim is not able to do

How can be done the application?

The request can be made in writing, orally or by any other means to put in knowledge of the facts of violence.

3. Deadline and requirements:

The application is submitted within thirty (30) days following the fact, and must include:

to. Name of the person who presents it and its id, if possible
b. The name of the victim
c. Name and address of the attacker
d. Account of the facts alleged
e. Application of the necessary tests

To whom it may apply the measures of protection?

The law has granted them jurisdiction to different authorities to learn about these issues, so that is left to the choice of the applicant to know who to turn to.

Family stations or police inspection: are the first instance recommended, as they may adopt provisional and definitive measures, quickly and above all preventive.

The process is simple and does not require necessarily a lawyer, although you can go with accompaniment.

Family law judges: Tend to adopt protective measures, however, have a greater scope of decision because there are situations that can only be authorized by the judge, as for example the prohibition of acts in the properties of the conjugal partnership, or estate.

The difference lies in that, the judges may decide to permanently stop the violence, but its duration is increased to the procedure ahead of time before a Police Family.

Once we have received the request, the commissioner or the judge to show signs of violence, may be granted provisional measures within 4 (four) hour days, as well as to impose sanctions on the aggressor in case of non-compliance.

In conclusion, the measures of protection in cases of domestic violence are a legal mechanism is key to the prevention, safety and support to victims. To know how they work, perform the appropriate application and the advice relevant allows the process to take place quickly and effectively, so that gives guarantees of non-repetition and the protection of human Rights and tranquility of the family nucleus.