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Patrocinio Jurídico Gratuito - Colegio de Abogados de La Matanza is the free legal aid and victim assistance service of the local bar association in Buenos Aires Province. It provides pro bono legal guidance and representation to residents of the La Matanza District who meet income and asset...
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About Domestic Violence Law in San Justo, Argentina

Domestic violence in San Justo is addressed through a mix of national, provincial and local institutions and laws. At the national level, Law 26.485 - the Comprehensive Law on the Prevention, Punishment and Eradication of Violence Against Women - sets principles for prevention, protection and assistance for victims of gender-based violence. Criminal, civil and family law provisions also apply when abuse involves physical injury, threats, sexual violence, economic control or parental conflicts. In San Justo - which is part of the La Matanza district in Buenos Aires Province - victims can access police units, public prosecutors and family courts that handle protective measures and criminal investigations. Practical support and shelters may be offered by municipal and provincial programs.

Why You May Need a Lawyer

You may need a lawyer if you are a victim, a respondent, or a third party involved in a domestic violence situation. Common reasons to seek legal help include:

- Obtaining urgent protective measures such as restraining orders, orders excluding the aggressor from the home, or prohibitions on contact.

- Filing or responding to criminal charges for injuries, threats, sexual violence, stalking or other offenses.

- Handling family law matters made urgent by violence, including custody, visitation, temporary guardianship, and child protection measures.

- Seeking immediate economic relief, spousal support or access to shared funds and property when you have been financially excluded.

- Collecting and preserving evidence, coordinating medical and forensic examinations, and preparing legal documents like a denuncia or civil petition.

- Navigating administrative programs, shelters and social services and coordinating legal strategy with social workers, psychologists and public agencies.

Local Laws Overview

Key legal aspects relevant in San Justo include:

- National framework: Law 26.485 establishes duties for prevention, protection and assistance in cases of gender-based violence. It promotes inter-institutional coordination and recognizes different forms of violence - physical, psychological, sexual, economic and symbolic.

- Criminal response: Assault, threats, sexual crimes and other illegal acts are prosecuted under the national Penal Code and relevant criminal statutes. The Public Prosecutor's Office initiates criminal investigations and can request detention or provisional measures when warranted.

- Protective measures: Judges and prosecutors can order medidas de proteccion - for example, prohibiting contact, requiring the aggressor to leave the shared home, imposing distance rules, and restricting access to weapons. These measures can be urgent and temporary while the case is processed.

- Family and civil remedies: Family courts handle custody, visitation, and temporary guardianship decisions with priority on the best interest of the child and safety of the victim. Civil courts can hear claims for compensation for damages or for division of assets where relevant.

- Local institutions: In San Justo victims can report at local police stations, Comisarías de la Mujer y la Familia, the Fiscalía with gender or family violence units, and municipal gender or social services offices that provide initial guidance and shelter referrals.

- Rights to legal aid: People who cannot afford a lawyer may access public defenders, legal aid programs and free legal guidance through municipal, provincial and national programs. The state has obligations to provide protection, health care and social assistance to victims.

Frequently Asked Questions

What should I do immediately after an incident of domestic violence?

If you are in immediate danger call emergency services. If you can, seek a safe location and contact local emergency numbers. Get medical attention for injuries and request a medical report. Report the incident to the police or the Public Prosecutor's Office as soon as possible and preserve any evidence - messages, photos, videos, clothing, or witness contacts. Consider contacting local support services or a lawyer who can assist with urgent protective measures.

How do I file an official complaint - denuncia - in San Justo?

You can file a denuncia at a police station, at the Fiscalía de turno, or before a judge. A denuncia can also be made at specialised units such as Comisarías de la Mujer y la Familia. The complaint triggers investigative steps by the police and the prosecutor, and it may lead to protective measures and criminal charges. A lawyer can help draft the denuncia and guide you through the process.

Can the aggressor be removed from the home right away?

Yes, judges or prosecutors can order the exclusion of the aggressor from the shared home as an urgent protective measure. The measure is typically temporary pending further judicial resolution. The specific procedure depends on whether the case is processed as criminal or family law matter, but urgency and victim safety are priorities.

What types of protective measures can be requested?

Typical measures include prohibition of approach and contact, exclusion from the home, orders to stay away from the workplace or school, temporary custody or supervised visitation arrangements, and prohibitions on possessing weapons. Courts may also order psychological assistance, medical care or economic relief in appropriate cases.

Will filing a complaint automatically start a criminal case?

Filing a denuncia sets in motion an investigation by the police and the Public Prosecutor's Office. The prosecutor decides whether to bring formal criminal charges based on the evidence. Protective measures can be requested independently of whether criminal charges advance, because protection and criminal responsibility are parallel paths.

How is evidence gathered and used in domestic violence cases?

Evidence can include medical and forensic reports, police reports, photographs of injuries or the scene, text messages, emails, social media communications, voice recordings, witness statements, and expert psychological evaluations. It is important to preserve and document evidence as soon as possible. A lawyer can help gather and present relevant evidence effectively.

Can men or non-binary people get protection under these laws?

Yes. While Law 26.485 focuses on violence against women, Argentina also has criminal and family law protections that apply to victims of all genders when domestic or intrafamily violence occurs. Municipal and provincial services may provide gender-sensitive support for any victim seeking protection and assistance.

What support services are available in San Justo for victims?

Victims can access emergency medical care, police units specialised in family and gender violence, public prosecutors with specialised units, municipal social services, shelters and temporary housing provided by municipal or provincial programs, and free legal aid through public defenders or municipal legal clinics. Psychological counseling and social work support are commonly available through these channels.

Do I need a lawyer to get protective measures or can I do it myself?

You can request urgent protective measures directly from police, prosecutors or a judge even without a lawyer. However, legal representation is strongly recommended to ensure the measures are properly formulated, to assist in preserving evidence, to represent you in hearings, and to handle related civil or criminal proceedings. Free legal assistance may be available if you cannot afford private counsel.

What happens to child custody and visitation if there is domestic violence?

Family courts prioritize the safety and best interest of the child. In situations of violence, courts may impose temporary custody arrangements, supervise or restrict visitation, order evaluations by child protection services or experts, and coordinate protective measures that include the child. Parents should seek legal advice immediately to protect the child and to comply with judicial orders.

Additional Resources

If you need help in San Justo consider contacting these types of organizations and institutions:

- Local police station and the Comisaría de la Mujer y la Familia for immediate reporting and protection.

- The Public Prosecutor's Office - specialized units handle family and gender violence cases.

- Municipal gender or social services offices in La Matanza for counseling, shelter referrals and social assistance.

- Public defender offices and municipal legal aid centers for free or low-cost legal representation.

- Health services and hospitals for medical attention and forensic documentation of injuries.

- National or provincial helplines and gender violence hotlines for immediate guidance and referral.

- Civil society organizations and shelters that provide temporary housing, psychological support and legal orientation.

Next Steps

If you or someone you know is facing domestic violence in San Justo, take the following steps:

- Prioritize safety: if you are in immediate danger call emergency services right away. Move to a safe place if possible.

- Seek medical care and request a medical report for injuries - this is important evidence.

- Report the incident - make a denuncia at the nearest police station, a Comisaría de la Mujer y la Familia, or at the Fiscalía. Ask for a copy of any official report.

- Contact a lawyer or legal aid service as soon as possible to request protective measures, preserve evidence and begin any necessary civil or criminal procedures.

- Reach out to municipal or provincial social services for shelter, financial support and psychological assistance.

- Keep records of all incidents - dates, times, places, witnesses, messages and documents. Store copies in a safe place or with someone you trust.

- If you are unsure where to start, contact a local legal aid office or a victim assistance program in La Matanza for guided support and referrals.

Remember that the state has obligations to protect victims and to provide access to justice. Legal procedures can be complex and time-sensitive, so seeking timely legal advice will help you understand your options and the protections available in San Justo.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.