Removal and protection orders

The right to moral and material assistance provided for by article 143 cod. civ. is suspended against the spouse who, having left the family residence without just cause (Article 144 of the Italian Civil Code), refuses to return.

The proposition of the request for separation or annulment or dissolution or termination of the civil effects of the marriage constitutes just cause for removal from the family residence.

The judge may, according to the circumstances, order the seizure of the assets of the spouse who has moved away pursuant to art. 179 and 215 of the Italian Civil Code, to the extent capable of guaranteeing the fulfillment of the obligations set out in articles 143, third paragraph, and 147 of the Italian Civil Code.

When the conduct of the spouse or other cohabitant causes serious damage to the physical or moral integrity or to the freedom of the other spouse or cohabitant, the judge, if the fact does not constitute an offense punishable ex officio, at the request of a party to art. 736 bis and ss. c.p.c.], may adopt by decree one or more of the measures referred to in article 342 ter c.p.c.

With the decree referred to in article 342 bis of the Italian Code of Civil Procedure, the judge orders the spouse or cohabitant, who has held the prejudicial conduct, to cease the same conduct and orders the removal from the family home of the spouse or cohabitant who carried out the prejudicial conduct also prescribing, where necessary, not to approach the places habitually frequented by the applicant, and in particular the place of work, the domicile of the family of origin, or the domicile of other close relatives or other persons and in the vicinity of the places of education of the couple’s children, unless they have to attend the same places for work needs.

The judge can also order, where the intervention of the social services of the territory or of a family mediation center is necessary, as well as of the associations that have as their statutory purpose the support and reception of women and minors or other victims of abuse. and mistreated; the periodic payment of a check in favor of cohabiting persons who, as a result of the measures referred to in the first paragraph, remain without adequate means, setting methods and terms of payment and prescribing, if necessary, that the sum be paid directly to entitled by the employer of the obligee, deducting it from the salary due to the same.

With the same decree, the judge, in the cases referred to in the preceding paragraphs, establishes the duration of the protection order, which runs from the day of its execution. This cannot be longer than six months and can be extended, at the request of a party, only if there are serious reasons for the time strictly necessary.

With the same decree, the judge determines the methods of implementation. Where difficulties or disputes arise with regard to execution, the same judge by decree issues the most appropriate measures for implementation, including the aid of the public force and the health officer.