Vicarious violence A man with a restraining order stabs his 11-year-old son to death in Sueca (Valencia)
José Antonio and María Dolores separated last summer.
She decided to denounce the abuse and he was sentenced to a restraining order issued by the
Sueca
Court for Violence against Women .
However,
Jordi, 11 years old
and the couple's only son, had to spend time with his father, who did not have custody but did have a visiting regimen.
This past weekend, José Antonio asked María Dolores to spend her son's birthday with him, a moment that she took advantage of to end her life with two stab wounds.
The parricide will go to court in Sueca Court 3, in charge of clarifying the circumstances of the crime, the first of
vicarious violence
in 2022. The main one is how the
visitation regime
granted to a convicted abuser was not reviewed, as required by law. recent Children's Law.
Even more so when José Antonio had verbalized, according to the testimony of acquaintances of the family, that he was going to
"embitter the life"
of María Dolores and that he planned to kill her son.
The minor's paternal grandmother feared this when, together with her mother, they went to pick up the minor on Sunday at noon and José Antonio did not open the door for them.
The answer was given by the TSJ this morning: no one reported, not even the mother, that there was a sentence that suspended the visits.
As reported by the TSJ of the Valencian Community, in July 2021 the couple filed for
divorce by mutual agreement
before the Court of First Instance and Instruction 5 of Sueca, competent in Family matters, in which they establish a regulatory agreement with Shared custody of the minor.
A month later, in August, the court with competence in matters of violence against women, held a quick trial against the man and sentenced him, as
the perpetrator of a crime of mistreatment,
to 40 days of work for the benefit of the Community, 8 months of distancing (until April) and prohibition of communication with respect to his ex-wife, in addition to 16 months and 2 days of prohibition of possession of weapons.
That sentence, of August 12, is issued by agreement of the parties and is therefore final.
The ruling establishes: custody and parental authority over the minor to the mother and
suspends any visitation regime
, in addition to setting an alimony of 200 euros.
In September, both spouses ratify the regulatory agreement presented in July, but
none inform the Family Court of
the existence of a criminal proceeding for ill-treatment and of the sentence handed down.
The Government delegate against gender violence,
Victoria Rosell
, on Monday blamed the murder on "defects in coordination between courts."
Rosell, in statements to RNE collected by Servimedia, pointed out that these cases should never happen and remarked that
"no effort has been made to review the visitation regimes" of abusive parents
, despite the fact that the reform of the Civil Code prescribes that an abusive father cannot see his children.
"It will always be better to repair a visitation regime than to repair a murder," she added.
In this case there was no coordination but not even the couple themselves informed.
Rosell also stressed that it is necessary to improve the legislation for cases of vicarious violence, when a father kills his son to harm his ex-partner.
The law, she explained,
does not provide aid for mothers, or compensation
.
She assured that they are working to obtain financial compensation for the damage suffered, in addition to psychological assistance.
"But other mothers also ask us to change the surname of their children because they cannot bear the surname of their murderer, it is something very traumatic. We have to change these aspects in the legislation," she added.
Duel in Sueca and Cullera
The City Council of
Sueca
has convened this afternoon at 8:00 p.m. a concentration for the murder of the minor under 11 years of age, something that the one in
Cullera
will also do , which has also already decreed two days of official mourning.
The minor's mother is originally from the neighboring town and first cousin of the
Councilor for Equality
, Marta Tur.
After her separation, she did not return to Cullera but moved to another Sueca address other than the one that was the scene of the crime.
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