It is considered maltreatment in the family even when you don’t live under the same roof

by Roberta Lunghini - 2017.05.30
It is considered maltreatment in the family even when you don’t live under the same roof
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In Italy, the crime of maltreatment in the family can also apply to a de facto couple with children. That is also if the abuse occurred when the two were no longer living under the same roof. This was the ruling of the Court of Cassation, in pointing out that this type of criminal behaviour is not excluded in the absence of cohabitation. Given that the same restrictions and obligations of reciprocal assistance exist between the members of the nuclear family shared by spouses even in more uxorio unions that have created children. In particular, in fact, the existence of a rapport involving children shows in itself that the relationship was not of little importance, extemporaneous and short-lived, but rather a stable emotional bond. In cases such as this, therefore, even after the end of cohabitation, the Supreme Court judges consider that it is necessary to take into account “an extended notion of family including alternative forms to those derived from matrimony, but destined to assume the same dignity and protection.

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