My Husband Abused Me ... Where Can I Go?

Tuesday, January 4, 2011

Domestic violence knows no boundaries or social class. One in three women worldwide have suffered physical abuse, psychological or sexual violence at some point in their lives.

In Spain, for instance, 57 women have been murdered by their husbands, partners and boyfriends or by their former partners. According to a study by the Women's Foundation, the domestic violence call has taken a total of 315 victims since 1999. Each year, there are more and more women who suffer domestic violence, so that the murder rate has doubled in the last four years.

Moved by this compelling data, the political parties have finally adopted the Law on The Protection of Victims of Domestic Violence. This legislation provides full protection of women or men, if any from the physical point of view, legally and socially.

The initiative has been evaluated positively by various women's organizations, but has requested financial and administrative resources for immediate implementation.

How does the Order of Protection work?

The Protective Order acts as a single window that enables all the various mechanisms of protection. You can protect the victim, a relative including children, siblings, or parents.  It can also be dictated by a judge or the prosecutor.

The application consists of a single form, which is available at:

  Police stations and posts in the Civil Guard.
  Justices of the Guard.
  The Office of Victim Assistance.
  Municipal, regional or state social services.

These organisms transmit the application to the judge, call the parties  - the person asking for protection and the alleged offender - urgently, within 72 hours and resolves to take action.
The Order of Protection is part of a National Registry for the Protection of Victims of Domestic Violence, which will shortly be established.

The victim is entitled to be informed on the status of the actions taken by the judges at all times, especially on the situation of the aggressor.

What measures can the judge take?

Criminal Measures

- Custody for the offender.
- Prohibition of approaching the victim and their family.
- Prohibition of communication.
- Removal of the gun permit.

Civil action

- Suspension of visitation of the children.
- Withdrawal from custody.
- Attribution of use and enjoyment of the family home for the victim.

Social measures

- The Protection Order is communicated to the municipalities and autonomous regions to collaborate with the
   victim through foster homes, supervised apartments, day care centers or family meeting places.
- The State Government launches the Active Insertion Income through the INEM, which means 300 euro per
   month for victims who lack the resources for 10 months since the duty judge issued the protective order.

Guidelines for doctors

In September, The Ministry of Health will publish a guide on domestic violence for physicians to detect abuse early.

This is a guidance document on signs and warning signs that may occur with the victim. Once diagnosed, the physician must develop a monitoring plan and tell the judge the outcome of their research.

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