Defence against Domestic Violence Allegations in Italy

This page is for a person accused of domestic violence in Italy, where the usual charge is maltrattamenti in famiglia and cases follow the fast-track codice rosso rules. It explains the procedure, the protective measures that may be ordered and what a defence lawyer does.
lawyers in Italy
2
cases in this service
3
clients' rating in Italy
4.99 ★

About Defence against Domestic Violence Allegations in Italy

Domestic violence allegations in Italy are usually investigated as maltrattamenti in famiglia, ill-treatment within the family or between partners living together, and handled under the codice rosso, the fast-track rules for domestic and gender-based violence. People also describe this as being accused of domestic violence, facing domestic violence charges or having a restraining order against them. This page is for the person accused, and it is neutral information, not legal advice: it does not judge the complaint or the people involved. Some older lists and lawyer pages call this service “Cases of Alleged Domestic Violence”.

Who needs this

A spouse, partner, former partner or family member who has been reported to the police, has received a notice of investigation, has been told to leave the family home or not to approach someone, or has received a formal warning from the police chief (ammonimento del questore), an administrative step that can come before any criminal case.

How the case runs in Italy

  • Fast track. Under the codice rosso, the police pass the report to the prosecutor without delay and the complainant is heard quickly.
  • Prosecuted by the state. Maltrattamenti in famiglia is prosecuted ex officio: if the complainant later changes their mind, the case does not end on that ground alone. Related charges, such as stalking (atti persecutori) or assault, follow their own rules.
  • Protective measures. A judge may order the accused to leave the family home (allontanamento dalla casa familiare), not to approach the complainant or certain places (divieto di avvicinamento), sometimes with an electronic tag (braccialetto elettronico). These measures can be reviewed and challenged.

What to pay attention to

Breaching a protective measure is a separate offence and can lead to stricter measures, even when contact is initiated by the other person. Messages and social media posts become evidence on both sides. Questions about children, the shared home and, for a foreign national, a residence permit (permesso di soggiorno) often run alongside the criminal case and can be affected by it.

What an English-speaking lawyer does

The lawyer explains the accusation and the measures, attends the interview with an interpreter, gathers witnesses, messages and other evidence, challenges measures that are disproportionate, and represents the accused at every stage. Physical violence outside the family is covered under assault charges; a person who reports violence and wants their own lawyer finds information under legal representation for crime victims. A conviction can appear on a criminal record certificate. More on criminal law in Italy.

Questions and answers

My partner wants to withdraw the complaint. Will the case stop?

For maltrattamenti in famiglia, no: the prosecutor continues. What the complainant says later may still be relevant to the evidence.

Can I go back home to collect my belongings?

Not if a measure forbids it. The lawyer can ask the judge for a supervised visit or an arrangement through third parties.

What is an ammonimento del questore?

It is a formal warning issued by the police authority after a report. It is not a conviction, but it is recorded and can be challenged.

Can I leave Italy during the case?

Usually yes, unless a judge has ordered otherwise. The case continues, and notices go to the address chosen in Italy or to the lawyer.

2 lawyers who provide Defence against Domestic Violence Allegations in Italy

Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.

  • Alfredo, lawyer in Naples

    Alfredo

    Lawyer · Naples, Italy

    • 30 cases handled · 2 in this service
    • 5+ years in practice
    • Speaks: English, Spanish, Italian
    • Masters Degree in Law, Università Federico II di Napoli
    • 5.00(1 review)
    Contact Alfredo
  • Giovanni, lawyer in Turin

    Giovanni

    Lawyer · Turin, Italy

    • 286 cases handled · 1 in this service
    • 16+ years in practice
    • Speaks: English, French
    • Law, University of Turin
    • 4.99(23 reviews)
    Contact Giovanni
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  • He is a highly professional and experienced lawyer based in Alicante. He explained my options and advised me on how to resolve my case. He did very well: the case was resolved and dismissed. I highly recommend him to anyone needing a lawyer in Alicante, Spain.
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    12 May 2025
    Defence against Domestic Violence Allegations
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    25 Jul 2022
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    21 Dec 2022
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    28 Sep 2022
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    20 Jul 2022
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  • Overall I had a very satisfying experience. The lawyer was very helpful on the phone, on WhatsApp and, at the end, during a 3-hour meeting at the notary's office. He is very professional and did everything I could have wanted, and I am sure we received the best service possible.
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