Table of Contents
498A cases and domestic violence. How to defend yourself?
It happens more and more frequently, to turn on the television and hear the journalist tell about cases of 498A cases and domestic violence, which occurs precisely within the domestic environment.
Do you need a criminal 498A Lawyer ?
We are active throughout India, you can find a good criminal 498A Lawyer in a short time.
What is meant by 498A cases and domestic violence, what are the best ways to defend yourself and who to turn to?
The term 498A cases and domestic violence generally indicates a series of abusive behaviors by one member of the family towards another. It is directly governed by the indian penal code and domestic violence act, which however includes the components of this type of abuse in several articles, the article that comes closest to including them all is that of “mistreatment against family members or cohabitants”. The mistreatment in the family is described, in a very generic way, as follows: ” Anyone who abuses a person of the family or in any case cohabiting partner, or a person under his authority “, and is an offense that can be prosecuted ex officio, or, of course, following lawsuit.
It is very important, therefore, to underline how 498A cases and domestic violence does not manifest itself in physical abuse alone , but also (and especially in recent years) in psychological abuse and, more often than is believed, in economic abuse .
It is also fundamental to point out that not only women and children are the victims of this violence, but also men , who often, for fear of being judged by society, or not believed by the authorities, do not report the abuses suffered.
To date, the cohabiting partner more is also equivalent to the spouse .
The penalty for those who have been guilty of the crime of violence against family members or cohabitants is that of imprisonment of several years, increased if serious injuries result, if instead a very serious injury results, from seven at fifteen. If the violence follows the death of the victim.
How to recognize 498A cases and domestic violence?
The character of the mistreatment must have, in all respects, a status of continuity over time , that is, the abuses must not have occurred on a single occasion (otherwise they fall into a different type of crime, e.g. beatings, injuries, threats, etc.). ). And it does not necessarily have to take place in active conduct , but it can very well occur due to a series of omissions by the offender (for example, the lack of intervention in cases of beatings on children, preventing the other parent from seeing the children …).
As mentioned above, violence can be of the type:
- Physical : beatings, cuts, mutilations, sexual violence (which can also manifest itself in acts such as refusing to use contraceptives and exposure or contagion of sexually transmitted diseases), strangulation and any other form of physical abuse;
- Psychological : threats, stalking, continuous denigration, provocation of guilt, incitement to suicide, insult, defamation and everything that leads the victim to a state of constant psychological subjection;
- Economic : it is a form of constant blackmail of the partner with greater economic means, and consists of a different form of psychological abuse . Financial matters are used as an excuse to make the victim feel guilty and the abusive partner tends to deprive him of material resources that would allow him to be autonomous and therefore to be able to end a violent relationship. More concretely, it can be accomplished in making the victim lose his job, or actively preventing him from finding one, attitudes such as the continuous control of expenses, blame for shopping, theft of credit cards and everything that consists of an excessive and unnecessary examination some money.
- It should be highlighted, once again, how these behaviors, to be part of the family abuse, must be perpetrated for a long time . They do not necessarily have to be the same every time, since the offense could occur in a series of abuses that are always different but constant over time, in order to demonstrate the will of the offender to abuse the victim. In addition, it is always good to denounce any act that falls within the indian penal code and domestic violence act as a crime, in order to be protected as much as possible.
The carabinieri weapon (link reported in the sources) includes all the following crimes in the field of 498A cases and domestic violence , in all the forms listed above:
How can we defend ourselves from 498A cases and domestic violence?
So let’s see what can be done in case you suddenly find yourself the protagonist of an episode of violence or when you start to recognize and fully understand that what you have been experiencing maybe for a long time is endangering us and you do not have the possibility or the willingness to leave the house where the partner or violent parent also lives.
First of all, it should be emphasized that the victim’s will to file a formal complaint with the competent authorities , whether he does it alone or with the help of a 498A Lawyer, is fundamental .
The Indian legal system has ensured that victims of this type of crime are always assisted by means of legal aid, regardless of their income, and this is very important for being able to stimulate people to report, because there is often fear of not being able to afford adequate defence.
Furthermore, in cases of particular gravity , or of violence perpetrated on minors, the crime is, when detected by public officials or persons in charge of the public service, in any case punishable ex officio (think of the beatings found by a doctor on a minor) .
For every person who is a victim of abuse or mistreatment, who does not know where to turn or has never found the courage to report, the primary advice is to contact the anti-violence centers , now present in a widespread manner in the area or call the pink phone , who, for years, has been concerned primarily with helping women who are victims of violence .
Contacting an anti-violence center means, for victims of domestic abuse and violence, being supported in understanding the stages of the actions and the time to start the complaint can be one of the actions. Violence hardly ever comes out alone, asking for help is the first indispensable step to winning but every woman is the first actress on her path to get out of violence and these simple tips are really within everyone’s reach.
If instead you are determined to report , the best way is to get help from an expert 498A Lawyer . In fact, a 498A Lawyer will certainly know the most appropriate way to file the complaint-complaint, will be able to direct you and can also help you recognize the crimes of which you are victims.
The police authorities will also know how to help you, and you can certainly search at their facilities.
The advice is to always find the strength to get out of the violence, and seek the help of an expert in the matter to report and heal from the injuries, physical and psychological, reported. The complaint, even if a different message often passes through the media, is the strongest and most useful way to start a legal and judicial path that will lead the culprit to pay for his crimes.
Our office helps you to understand and overcome your suffering.
Specialists and therapists support you to help you define your suffering within your couple (narcissistic pervert, harassment, moral violence) and offer you suitable solutions.
Get an overview of your legal situation and find out what your administrative, legal and property options are.
Adopt good behavior and good speech in front of your stalker. Receive specific advice in order to avoid mistakes that should not be made, and to prepare for hearings. Throughout the procedural process, and your reconstruction, benefit from the help and advice of a specialized therapist who works in close collaboration with the firm.
The firm helps you to prepare your file for the procedures in progress or those envisaged (identification of the convincing pieces to gather, opportunity of handrails, patrimonial advice).
DEFENCE IN THE EVENT OF SEPARATION OR DIVORCE
It is in your interest and that of your children to have temporary measures fixed quickly:
- between spouses: enjoyment of the marital home, duty to help;
- relating to children: fixing of the residence, a right of visit and accommodation, contribution to the maintenance and education of children.
- leaving the family home;
- modality of the exercise of parental authority.
We can also take care of the liquidation procedure in the event that you have common property.
When you are the victim of physical or psychological 498A cases and domestic violence , our office implements emergency procedures, both civil and criminal, before the competent judges. Obtaining protection orders to protect the family within 6 days.
PARENTAL ALIENATION AND CHILD PROTECTION
It is important to protect your children from all forms of violence that reign within the couple and to request a suspension of the father’s visitation and accommodation rights if your children are victims of both physical and psychological violence.
In this context, the manipulating father, by mirror effect, generally demonizes the protective mother by evoking the parental alienation syndrome, namely: putting your own words in your children’s mouths.
We will give you the legal tools and the appropriate solution to combat this reversal of roles.
ILLICIT TRANSFER AND DETENTION OF CHILDREN BY THEIR PARENTS
Please note that neither of the parents can decide to transfer the child’s residence to another country, or to retain it there after the holidays, without the authorization of the other or the competent judge.
The consequences can be serious.
498a child custody
The law protects victims of 498A cases and domestic violence and children from abduction by one of the two parents (Hague Convention of October 25, 1980).