Legal Framework: Distinctions and Obligations

Critical Differentiation: Domestic Violence vs. Gender Violence

From a rigorous legal and criminological perspective, it is imperative to establish a clear technical distinction between Domestic Violence and Gender Violence, since although colloquially used as synonyms, they trigger different judicial competences and protection protocols.

Domestic violence refers generically to the aggressions that occur within the nucleus of family coexistence, covering any member of the group (children, parents, siblings, elders).

On the other hand, Gender Violence is a specific legal concept that recognizes the violence exercised by men against women with whom they maintain or have maintained an affective relationship, based on a structural situation of inequality and patriarchal domination.

This differentiation is not merely semantic, but procedural: it determines whether the case will be heard by a generic family court or by a specialized court with specific resources and a gender perspective.

Confusing jurisdictions can dangerously delay the adoption of urgent protective measures and put the victim at risk due to formal defects.

It is also crucial to understand that in many modern legislations, domestic violence has been typified as a crime that can be prosecuted but not dropped; this means that once the State has knowledge of the crime (notitia criminis), it must continue the investigation ex officio, regardless of whether the victim withdraws or wishes to forgive the aggressor.

This measure seeks to protect the victim from being coerced into withdrawing the complaint, although it sometimes generates conflicts when the family seeks therapeutic rather than criminal solutions.

The Statutory Duty to Report (Legally Obligated)

The reporting of domestic violence transcends the individual right of the victim to become an unavoidable legal obligation for certain professional groups.

Doctors, nurses, teachers, social workers and public officials who, in the exercise of their duties, detect reasonable indications of violence (incongruent physical injuries, accounts of sexual abuse in minors, severe neglect in the elderly), have an imperative legal duty to report to the competent authority.

Failure to do so may constitute a criminal offense of concealment or breach of duty as a public official.

For the practitioner, this often poses a complex ethical and safety dilemma: reporting without the consent of an adult victim may, paradoxically, increase her risk of lethal retaliation if there are no immediate protective measures available.

However, the legal framework prioritizes the protection of life and physical integrity over professional confidentiality or medical secrecy, especially when the victims are minors, people with disabilities or in situations of imminent risk.

The action protocol requires that the in