A father who killed his ten-year-old son in Sueca (Valencia) was convicted of gender-based violence, but just a month later another court granted him joint custody. In August last year, a woman convicted her, and after a speedy trial, a court with jurisdiction over violence against local women convicted her of misconduct and suspended her visit with her child. However, this did not prevent a second parallel civil procedure, which was ratified by both spouses a month later, for the opposite establishment: a joint custody regime. No one and nothing warned this court that the aggressor was facing a final sentence for sexist violence.
“This can not be repeated with us. If a judge or a civil prosecutor had known that such a sentence existed, they would never have considered this procedure,” said Rosa Girart, the delegated prosecutor for violence against women in Valencia, who called for a change in the system. let it be. The juvenile is the first victim this year of reciprocal violence perpetrated by aggressors to harm women against children.
Since 2013, when their official count began, there are 47.
In this case, there were two separate cross-examination procedures, as reported by the Valencian Community High Court of Justice (TSJCV): Both spouses filed for divorce by mutual agreement last July, establishing joint custody of the minor. But on August 12, he convicted the man of gender-based violence and the Sueca Court of First Instance and the 4th Instruction, the jurisdiction over the matter, convicted him and issued a restraining order and ordered the woman to be remanded in custody. Father, because this type of court also dictates civil measures.
One month later, the two had ratified in court a regulatory agreement they had submitted in July, according to TSJCV sources, without a prior trial report. Criminal proceedings, or the suspension of visits, are in fact predominant in civil proceedings, and the judge who considered the divorce case recalls Giralt, “they should have acquitted themselves in favor of the court of violence against women if it had taken place. They knew about this process ”, according to Article 49 of the Civil Procedure Law. However, despite this mechanism, there is “no automatic data crossing” between courts, says Lucia Aviles, a magistrate and founder of the Association of Women Judges.
The mother’s family spokeswoman, Martha Tour, explained in a statement collected by the EFE that the mother’s family did not agree to joint custody “because she could not have it” and that “because there were no precedents. He wanted to spend time with his father, but lately he was not so sure. “On Sunday, after leaving her, she called her mother to leave, and on the way she committed the barbarity she had committed.”
But beyond the specific case, Aviles, who is the head of the აროს2 Criminal Court in Mataro (Barcelona), ensures that the lack of communication between the various jurisdictional orders is “seen every day” and the information is at the expense of the parties. There are those who put it on the table. If not, as it happened, there is no coordination. “We have to take into account that Article 31 of the Istanbul Convention obliges us legal operators, regardless of whether the procedure is mutually agreed or disputed, to investigate the history of violence, but with the current system, if the parties do not agree, it will be difficult to take it into account,” the judge explained.
Connecting the courts in the form of a “warning system or data request” is “absolutely essential and very urgent,” said Angeles Carmona, president of the General Council for the Judiciary on Domestic and Gender-Based Violence (CGPJ). This is a “key” computer integration to be carried out by the administration of justice (societies that have been empowered and the Ministry of Justice in the case of those who have not) and which, in their view, should be extended to “all interested institutions” in order to “The protection network of their sons and daughters was not broken anywhere.”
Sons and daughters of victims of sexist violence are direct victims of violence perpetrated by their mothers and are required to do so by law. A recent law on comprehensive protection of children and adolescents from violence vetoed visits for parents investigating allegations of spousal violence, a provision that doubled the suspension of the visiting regime in these cases in 2021. His goal is to bet her. General rule and maintain them as something of an exception only if the judge motivates the decision and pre-evaluates the parent-child relationship.
In the case of Sueka’s murder, a family member explained that the man “did not behave well” to his ex-wife, “was abusive” to her, and therefore condemned her and insisted that the case was about violence. . “This is the worst gender-based violence when the aggressor decides to do the worst harm to the mother, take the child’s life and condemn him to continue breathing,” he added.
“They can not be conceived as a waterproof compartment. The reality is that it is violence that intersects and, in fact, when a relationship ends, the way to continue the violence is usually children, visits and pensions. Food,” Aviles reflects. , Which focuses on recent legislative reform “is a way of ousting the fact that the abuser can be a good father.”
Barbara Zorila, a psychologist who specializes in sexist violence, notes that despite the achievements, “unfortunately, it still seems as if violence against minors is taking place in a different dimension,” which differs from women, and reminds that victims “should have the next one and let them know A series of specialized resources that serve them for free. ” There is something important in these processes where acts of violence can lead to normalization, fear or guilt: “Violence causes harm that must be seen and remedied, because if I am a victim, I can have high rates. An emotional attitude, a misconception of risk, or a perception that the violence is directed only at me but not at my daughter when we know it is a mistake. “Violence against a mother is always violence against children,” said the psychologist.
In an interview with Cadena Ser, Angela Rodriguez, Secretary of State for Equality from the Ministry of Equality, reiterated that “abusers can not be good parents” and said that “thinking that as institutions we arrived late and what we can do. Improve, but by no means examine, the steps taken by family members.
Source: El Diario
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
