This issue of Family Law , due to the discomfort felt by dozens of victims of domestic violence with whom I could interview, which 90% were female and the remaining 10% were men, of which outlined that when a group attended the Police Station his district, just felt disturbed by the way they were questioned, due to some personal police, sometimes they hinted that it was the complainants who had provoked their attackers by certain gestures or acts, or whether they were safe to continue with police procedure, the reason that according to their experience in these procedures, these events almost always solved in the bedroom with their partners, that is, with their attackers, especially if there are children involved.
Similarly, another group of victims Family Violence, argued that it when attended directly to the Office of Joint Family or the District Attorney for the purpose of receiving your complaint you verbal, some staff working in these institutions Public Ministry, I had incapié, that only receive complaints of domestic violence in writing and not verbally and in any case better to abbreviate the process should attend the Police Station in his district, that is, certain employees of such entities, violated Article 9 of the Consolidated Text Sort of Law 26260 ie the Protection Law Against Family Violence whose article was further amended by Law 27306.
However, the bulk sector of the interviewees stated that at the Public Ministry or the Judiciary, Immediate Protective Measures for victims of family violence, they were only declarative or declaratory , ie because the perpetrator was removed from home, whether it was marital property and was also part owner of it and was using various legal actions to remain longer in it, and thus continued harassment of the victim, not materialized a temporary suspension of visitation, because if this occurred, the assailant left to pay child support of his children if he did voluntarily or conspired with family members to cause a reduction of alimony if there was already a food trial, and in extreme cases, they took their best sons by deception or by force, and could not denounce for the crime of kidnapping, but on the Attack Against Crime the Custodial, or established under Article 147 of the Peruvian Penal Code . That is, but there was a penalty or not the aggressor copy, immediate protective measures designed to guarantee the physical, mental and moral victims were or still are zero, except honorable exceptions.
In similar way, the victims interviewed argued that it was improper them to conduct a Conciliation her attacker, since for this, better have resorted to parish priests, pastor, psychologist, or good friends offender's own family to enter it on the grounds that only save her relationship or parental leave, with no physical or psychological violence, since if the state apparatus had attended, was to obtain a legal guardianship which should realize a penalty against their aggressors , in order that these never dared to physically or psychologically assaulting their victims. This coupled with the fact that they found it absurd that level Judiciary, the same fact family aggression, to be brought before a Magistrate's Court Counsel for Offences Against the Person or before a Criminal Court or Board of Crime Injuries and before a Family Court or Board, by family violence in the form of psychological violence, given that the caseload increases and repeat them very uncomfortable about the same in two different courts, especially if sometimes 2 court rulings that resolved their cases of physical and psychological aggression, did not managed to compensate damage suffered.
For all the above, and going to respond if DO YOU GET ANY BENEFIT bring claims of domestic violence?, Apparently the answer seems obvious, HOWEVER, despite the weaknesses and deficiencies in the Act itself Protection Against Family Violence my professional experience has made me to capitalize on multiple occasions to the law in question, since through this process can be obtained various tests, for example, to recognize relationships of coexistence and to stated the property being acquired, but which are only in the name of one of them, and as a basis to require separation of the assets in the future, also to certify the existence of unacknowledged children, and even get a pension of food without having to claim a filiation court or file a demand for food, or in some cases, to obtain the test that is required in a divorce for cause of violence or psychological Physicists, and so could go on listing more examples, hence the importance of having a lawyer specializing in the areas of Civil, Criminal and Family, In order for a legal case is viewed from different edges legal.
So my answer would be, if it makes sense to make such complaint, but preferably should be sure to have the assistance of a lawyer and not as individuals, because it would waste time and money, especially if not all public servants or officials will give a bad deal to him and that also exists the possibility that your attacker will not be persuaded to follow combiene assaulting his victim because he could lose not only goods if any, but even their own freedom, if they meet appropriate tests to denounce a crime in the penalty area and also the saying not matter if it lasts a hundred years, or body that resists .
LAW FIRM VALERIANO
DR. HIDALGO VALERIANO MAMANI
28595 CAL
OFFICE 218 338 JIRON ICA near Lima.
FONO: 4281618 CELULAR: 999853358
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