At Abogados Cabo we know that domestic violence in Mexico is a fact that happens more frequently than most people think. As of 2019, family violence or domestic violence as it is known in other countries, had historically registered the highest number in Mexico with 239,219 cases, according to data from the Executive Secretariat of the National Public Security System (SESNSP). However, with the confinement arrived in 2020, the increase recorded in the first quarter of that year was 63,104 complaints for intrafamily crime, in other words, the increase was 20.7% more compared to the same period of 2019.
In reality, the figures show that a large part of the population, mostly composed of women and children are suffering aggressions and violence. Generally, these aggressions are by relatives and people with affinity, that is why we are going to tell you what to do in case of suffering domestic violence in Mexico.
What does the Law on Domestic Violence in Mexico say?
In our country the subject has a legal framework to attack this kind of violence. Article 3 of the Law on Assistance and Prevention of Family Violence (LAPVF) defines family violence as:
- That act where one of the parties making abuse of power, dominates, subdues, assaults and thus recurrently controls any member of the family.
- This kind of acts can be physical, verbal, psycho-emotional or even sexual, inside or outside the family home.
- In addition, Article 3 mentions that violence can occur between related persons or those who have affinity, as in the case of spouses, cohabitants or other types of de facto relationships.
Types of abuse
According to article 3 of the Law of Assistance and Prevention of Family Violence, there are two types of abuse:
- Physical: In this type of mistreatment the body is assaulted, objects or substances are used to control and cause harm to the other person.
- Psycho-emotional: This type of abuse involves: conditioning, prohibitions, coercion, threats, intimidation, humiliation, indifference and even abandonment, causing damage to the dignity and self-esteem of the affected person.
- Also, if the abuse is intentional and directed to a minor, the law considers it “emotional abuse” without being able to justify these facts as disciplinary or training.
What can we do in cases of domestic violence in Mexico?
Article 18 of the (LAPVF), points out two procedures that can help to face a family conflict, these are:
- Conciliation.
- Of amicable composition or arbitration.
In both cases or procedures must be resolved through the Delegations, this gives us an idea of the intervention even of family judges for the resolution of this type of conflict of domestic violence in Mexico.
All this triggers a process of appearance where evidence of abuse is gathered and a family judge will exhort in a private hearing the family members involved with the intention of ending the acts of violence.
However, if a favorable result is not obtained, the family judge will have the power to determine the measures for the protection of the minors and the assaulted spouse.
For appearances before the judge, should I hire a lawyer?
It is always advisable to have the advice of a lawyer, especially because this professional can guide you in the procedure, evidence collection and steps to take in order to resolve domestic violence.
Even in the event that one of the parties does not have professional representation or advice, you may request the services of a public defender. Next, keep in mind that the hearing will be held with or without the attendance of the parties involved and in it the family judge may evaluate the evidence to confirm its veracity, making use of specialists if necessary.
What institutions provide attention to domestic violence in Mexico?
Mainly, the Centro de Atención de Violencia Intrafamiliar (CAVI) created by the Procuraduría General de Justicia del Distrito Federal (Federal District Attorney General’s Office).
Therefore, there you will be able to get attention through medical, psychological, social and legal services, therapeutic assistance and investigation of the problem of violence.
Also, you can look for private institutions or any belonging to the public administration, both will seek the protection of the assaulted and provide counseling to re-educate the parties involved.
To conclude, we can say that the first step to solve domestic violence in Mexico is: Become aware that you are in the middle of a serious problem and the second step would be to seek the necessary help to face this problem. Finally, remember that the Law protects minors and the aggrieved and that living with dignity is a citizen’s right and that only you can give yourself the worth you have.
Do you need a lawyer?
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At Cabo Lawyers we seek to satisfy the different legal needs of our clients, both in their business and personal matters. Contact us at: (+52)8119384461, where we will gladly advise you.
