Article 66 of Organic Law 1/2004, of December 28, on Comprehensive Protection Measures against Gender Violence, foresees that the Judge, in view of the concurrent circumstances, and in an absolutely optional way, order the suspension of the accused for violence of gender the visitation regime regarding minors who depend on it.
Although the judicial organs make use of this legal power in cases in which it is possible to prove that the minor / s, together with the wife or sentimental partner, have been direct victims of the acts constituting On the other hand, a crime of mistreatment in the family is not frequent, that they make use of it in the cases in which minors are not the direct taxable persons of the crime committed. And this, in order to try to protect other interests at stake, such as the constitutional right to the presumption of innocence together with the safeguard of the parental rights of the parent, accused by his ex-partner of a crime of violence against women.
Notwithstanding the foregoing, there are cases in which, in order to avoid secondary victimization of minors -who have been direct witnesses to acts of gender-based violence against mothers-, the Judges and Courts decide to suspend the visitation regime regarding the father, at least, during the investigation of the crime committed.
The Criminal Law Department of Bufete Amorós, exercising the private accusation in a judicial procedure in which the mother has been the victim of a continuous crime of mistreatment in the family environment allegedly committed by the husband, in the family home and in the presence of the minor children, the examining court is able to impose an order of protection consisting of the prohibition of approach and communication with respect to the mother and also, order the suspension of the visitation regime regarding minors, during the processing of the judicial procedure.
The Court argues the decision adopted based on considering that there is an objective risk situation both with respect to the complainant and with respect to her minor children.
