Saturday, March 19, 2011

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UNDER FAMILY VIOLENCE. MEASURES THAT MAY ENACT THE STATE COURT ACTION


While the actions undertaken within the framework law on protection against domestic violence (which includes measures of protection and assistance possible to the author or the family group treatment or educational programs), are limited to prevent continue the violence accused, in cases in which minors are involved in very special circumstances, the actions can not end with the taking of precautionary measures when the rights of children are not properly secured, since it is a duty to ensure that those judges are restored to legal status and material consistent with their status. Is what resulting from the Convention on the Rights of the Child of constitutional rank, which can not be avoided by strict procedural rules set. This way, in the case, the Chamber ordered that parents and children continue the already started psychotherapy, must report to that body, so monthly, and with due certification of professionals involved, the effective realization of the same and the circumstances individuals who want to note on the results of therapy .
B., Roberto Mario vs. B., Silvia R. s. Domestic violence / / / Santa Fe, Venado Tuerto, CCCL, 08.07.2006, RC J
1218-1207
The implementation of Law 24,417 becomes necessary when there is a conflict and risk which are immersed members of the family, especially if it is to safeguard the interests of children involved in it. This procedure - of the interim-enacted measures is irrelevant to the validity of which is long overdue when they have not reported new acts of violence and called for new protective measures, especially if it is not alleged a dangerous situation for children. Matter otherwise cause an undue interference by the state in the family since before her become an organization owns all rights, preceptor, educator and mentor, to become sole owner and holder, that is repugnant not only our legal-political organization, but one of the fundamental pillars on which society rests, as is the family.


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