The Offence of Domestic Violence: A Legal Guide to Art. 173.2 CP

The offence of domestic violence (Art. 173.2 CP) protects peace within the family unit against physical or psychological aggression. It is often confused with gender violence, but its scope is far broader: it protects men assaulted by their partners, parents assaulted by their children, and siblings. As criminal lawyers experienced in the offence of domestic violence, we break down the key points of this offence.

Domestic Violence vs. Gender Violence

The distinction is vital and lies in the victim:

• Gender Violence: exclusively where the aggressor is a man and the victim is a woman who is or has been his partner.
• Domestic Violence: any other aggression within the family sphere (e.g. woman against man, child against parent, grandchild against grandparent).

The Concept of Habituality (Art. 173.2 CP)

The Criminal Code punishes "habitual" violence more severely. This does not require a mathematical number of assaults (e.g. 3 reports), but proof of a permanent state of aggression. The Supreme Court looks for a "climate of terror" in the home rather than a sum of isolated blows.

Criminal Defence Strategies

In the family sphere, instrumental reports (to gain an advantage in divorces or custody) are not unknown. The defence must focus on:

• The context of the conflict: proving that it is a one-off mutual argument and not a relationship of domination or habitual violence.
• Peripheral testimony: neighbours, teachers or relatives who can attest to the normality of the household.
• Psychological expert reports: to rule out psychological harm consistent with habitual abuse.