Domestic violence
Domestic violence constitutes the offense of intentional violence committed with aggravating circumstances.
Indeed, the fact that there is a relationship between the perpetrator and the victim aggravates the offense committed.
Thus, the classification of domestic violence refers to the relationship between the perpetrator and the victim when they are married, cohabiting, or in a civil partnership, but also when they are divorced, separated, or have dissolved their civil partnership.
The material element of assaults on spouses or partners
Domestic violence implies a positive act, meaning that domestic violence cannot be established without the commission of an act. Therefore, an omission, even if it causes harm, can never be classified as domestic violence.
The judges recognize that intentional violence is any act or behavior that causes harm to another person's physical or psychological integrity.
Therefore, intentional violence does not necessarily involve physical contact with the victim's body. Thus, the violence inflicted may also be psychological. The law of July 9, 2010, relating to violence specifically against women, violence within couples, and the impact of the latter on children, inserted a new article into the Penal Code, creating the offense of marital psychological abuse.
Domestic violence cannot be characterized without harm to the victim. Thus, actual harm to the victim's physical or psychological integrity must be established for the offense to be committed.
Domestic violence offenses are material offenses, which imply a direct causal link between the offender's criminal behavior and the harm suffered by the victim.
If you are a victim of domestic violence, it is very important that you contact a lawyer specializing in criminal law as soon as possible, as they will be able to advise you on exactly what steps to take to obtain compensation for your damages.
In addition to having your attacker convicted, you can also demand that they compensate you for the damage you have suffered by paying you damages.
The moral element of violence against a spouse or partner
Domestic violence is an intentional crime. This means that the perpetrator must have had the intention to commit the act in question, but also the intention to achieve a result by committing the act.
In principle, judges derive the moral element from the material element, i.e., from the act of violence you have suffered. However, in cases where the violence you have suffered has not left any particularly visible marks, it may be more difficult to provide evidence of this element.
That is why it is very important that you contact a criminal lawyer as soon as possible in order to build your criminal defense with them.
The crackdown on domestic violence
The fact that the intentional violence is committed by the victim's spouse or cohabiting partner or by a partner linked to the victim by a civil partnership is an aggravating circumstance.
The severity of the punishment is determined by the damage suffered by the victim. This is quantified based on the number of days of "total work interruption" resulting from the offense.
In this regard, several situations must be distinguished, depending on whether the domestic violence has resulted in:
- Deaths are punishable by 20 years' imprisonment under Article 222-8 of the Criminal Code.
- Mutilation or permanent disability is punishable by 15 years' imprisonment under Article 222-10 of the Criminal Code.
- An ITT of 8 days or less is punishable by 3 years' imprisonment and a fine of €45,000 pursuant to Article 222-13 of the Criminal Code.
- Any temporary incapacity to work lasting more than eight days is punishable by five years' imprisonment and a fine of €75,000 under Article 222-12 of the Criminal Code.
The range of penalties is wide depending on the severity of the damage, which is why it is essential that you contact a lawyer specializing in criminal law to avoid the risk of the damage you have suffered being reclassified as less serious.
To avoid this, it is therefore essential that you seek assistance from a lawyer specializing in criminal law throughout the legal proceedings.
In addition, the criminal lawyer may seek damages from the perpetrator of domestic violence.
Your criminal lawyer may also request reimbursement of the legal fees incurred in connection with your case.
If you have any questions or require further information, please do not hesitate to contact the office of Attorney Avner DOUKHAN.
See also: fraud, police custody, revenge porn