Thus, Organic Law 1/2004 on Comprehensive Protection Measures against Gender poland telegram Violence provides a global response to the violence that is exercised against women. It is a law that we can consider as an institutional mechanism developed by the State to achieve equality between women and men by frontally attacking gender violence.
Gender violence, as referred to in the law, includes all acts of physical and psychological violence , including sexual assault, threats, coercion or arbitrary deprivation of liberty. We often forget that gender violence is also psychological, in fact it hurts as much or more than physical violence and takes much longer to heal, which is why the role of the psychologist is essential in these procedures. Sonia Rodríguez, a psychologist and expert in gender violence, at Psicolegalmente , gives many guidelines in this regard and helps victims deal with the emotional situation and avoid or reduce the consequences that may arise.
As she explains in her article , psychological abuse can lead to numerous side effects , in the form of injuries or psychological after-effects. It can especially damage self-esteem, with worse consequences and an even more debilitating nature than physical abuse.
We explain the process for gender violence crimes and the different mechanisms available to victims after the approval of the law against Gender Violence, which not only focuses on physical injuries but also covers psychological ones.
Organic Law 1/2004 on Comprehensive Protection Measures against Gender Violence creates a new jurisdictional body: the Court of Violence against Women . This is a court specialising in cases of gender violence that assumes jurisdiction over both criminal and civil matters; it is a mixed body.
The criminal and civil powers that may arise in a criminal case for gender violence are combined in a single jurisdictional body , since the victim may wish to initiate a civil process such as a divorce procedure, child custody, etc.
Regarding territorial jurisdiction, it is determined by the domicile of the victim, without prejudice to the adoption of the protection order or urgent measures in the place where the events occurred. Regarding functional jurisdiction, it is attributed to the Provincial Court in matters of appeals against criminal decisions issued by the Judge of Violence against Women.
Protection order
Law 27/2003, of July 31 , regulating the Order of Protection for Victims of Domestic Violence, develops the Order of Protection for Victims of Domestic Violence.
This legal instrument seeks to provide an immediate and joint response to victims of family, domestic and gender violence in the criminal and civil spheres. It is protective, precautionary and provisional in nature . There are various precautionary and provisional measures that already existed in our legal system, but it includes an assistance and social protection aspect. Its main objective is the protection of the victim.
Objective scope : It applies to all types of crimes that are considered in the Penal Code as unjust, related to gender, family or domestic violence.
Subjective scope : the persons who can be protected by this institution are listed in article 173.2 of the Penal Code :
Anyone who is or has been the spouse of the alleged aggressor or, where appropriate, the person who is or has been linked to him by a similar emotional relationship even without cohabitation.
Descendants, ascendants or siblings by nature, adoption or affinity, whether their own or that of their spouse or partner.
Minors or incapacitated persons who live with him or who are subject to the authority, guardianship, curatorship, foster care or de facto custody of the spouse or partner.
Regarding a person protected by any other relationship through which he or she is integrated into the core of his or her family life, as well as regarding persons who, due to their special vulnerability, are subject to custody or care in public or private centers.
Adoption of a Protection Order
There must be a judicial charge for the alleged commission of crimes of gender violence. There must be well-founded evidence. There must also be an objective situation of risk for the victim , that is, a probable and potential commission or repetition of the alleged acts that constitute a crime by the alleged aggressor.
The adoption of this order may be requested either ex officio or at the request of a party . There is a uniform petition model.
After assessing the two elements described above, a hearing will be convened as soon as possible ( maximum period of 72 hours ) and the judge will decide by order what he considers appropriate and will also rule on the request for the Protection Order. As it is an order, it can be appealed by reform.