It explains what domestic violence is, according to the law, and what protection measures are offered to its victims.
What is domestic violence?
Any mistreatment that affects the life or physical or mental integrity of whoever has or has had the status of spouse of the offender or a relationship of coexistence with him. Also if they are related by consanguinity or by affinity in the entire straight line or in the collateral line up to the third degree inclusive of the offender, his spouse or his current partner, or when this conduct occurs between the parents of a common child, or a minor, elderly or disabled person who is under the care or dependence of any of the members of the family group.
What guarantees does this law offer?
It creates the crime of habitual mistreatment that punishes with prison the mental and physical violence practiced habitually; increases the penalties for this type of conduct; modifies the Penal Code, increasing prison sentences by one degree in the case of injuries caused by domestic violence; it provides greater guarantees of obtaining protection for those who report abuse, as well as the obligation of the aggressor to leave the house; the prohibition against approaching the victim, his home or place of work, as well as any other place where he or she goes or visits regularly; the obligation to attend therapy; and the power granted to the police to seize all kinds of weapons, even if they have authorization to have them.
What judicial bodies deal with domestic violence?
- Family Courts, when acts of family violence do not constitute a crime.
- The Public Ministry, when acts of domestic violence constitute a crime. This ministry will carry out the pertinent investigation in the event that the crime of habitual abuse occurs, if the respective Family Court has sent it the antecedents.
Is there a registry of people who have been convicted of domestic violence?
Yes. The Civil and Identification Registry is obliged to keep a special registry of persons convicted of domestic violence, as well as of the other resolutions that the law orders to transcribe.
Who are subjects protected by the domestic violence law?
The spouse, ex-spouses, partner, former partner, father or mother of a common child, even if there has been no cohabitation. The offender’s relatives, their spouse or current partner, in their straight line (all ancestry and descendants) or collaterals up to the relationship uncles / aunts / nephews / nieces, and also any other person who is minor are included equally. of age, elderly or disabled adult who is dependent on any member of the family.
What are the penalties for those who commit domestic violence?
It will be punished with a fine of an average of 15 UTM (Monthly Tax Units) for the benefit of the Regional Government of the domicile of the complainant or plaintiff, to be destined to the centers of attention of victims of intrafamily violence existing in the respective region and that are financing public or private.
In addition, the judge must apply one or more of the following measures in the sentence:
a) Obligation to leave the home that he shares with the victim.
b)Prohibition of approaching the victim or his home, place of work or study, as well as any other place where he or she goes or visits regularly. If both work or study in the same place, the employer or director of the establishment will be instructed to adopt the necessary safeguard measures.
c) Prohibition of carrying and possession or confiscation of firearms.
The infraction of some of the three previous measures, can carry penal sanction or arrest for up to 15 days for the offender.
d) Compulsory attendance at therapeutic or family orientation programs.
What is the crime of habitual abuse?
The habitual exercise of physical or psychological violence with respect to persons protected by the law of intrafamily violence. The determining requirement of this crime is that acts of domestic violence are common.
What is the penalty for the crime of habitual abuse?
The sanction varies between 61 to 3 years of imprisonment, unless the act constitutes a crime of greater gravity, in which case the penalty assigned to the latter is applied.
Are there protection measures for victims?
Yes, the criminal justice courts can adopt precautionary measures to protect the victim, or one of the aforementioned accessory measures, set their duration and extend it if necessary.
For its part, the Family CourtWho knows of a lawsuit for domestic violence, must adopt ex officio all the necessary measures to bring it to an end, as well as to provide protection to the victims of domestic violence. The court should especially protect cases in which the victim is pregnant, is a person with a disability or has a condition that makes her vulnerable. Likewise, it must consider as a situation of imminent risk the fact that an elderly adult, owner or possessor of a property that he occupies to reside, is expelled from it, relegated to secondary sectors, or his movement within it is limited, by some of their relatives.
Is there a care center that victims can turn to?
Yes, throughout the country there are several centers that specialize in receiving victims of domestic violence.
The aim of the care centers is to respond as quickly as possible to the needs of those involved in situations of domestic violence. They help, attend legal or medical consultations, advise according to their specialization, refer to other organizations and welcome acts of abuse.
See service centers (Sernam)
Where should you go if you are a victim of this type of violence?
To the Family Court , the Carabineros de Chile or the Investigative Police, who have the obligation to accept the complaint and guide the victim in the subsequent legal processing.
In qualified cases, Sernam can assume the sponsorship and representation of the woman victim of crimes of intrafamily violence, as long as she is of legal age and so requires.
If I want to report a case of domestic violence, should I also go to Carabineros e Investigaciones?
Yes, they will forward the complaint to the Family Court , but you can also appeal directly to it. Then, through the filing of the complaint or the lawsuit, the trial for domestic violence begins. The cases will be heard by the Family Courts and if they consider that the crime of habitual abuse is configured, they will send the antecedents to the Public Ministry.
