The police become involved in domestic violence upon being made aware of it. In these cases, police authorities will give the victim of domestic abuse all the necessary help to prevent the repetition of these events, to remedy the physical and psychological consequences that have been caused and to avoid retaliation for such acts. In particular, they will take the following measures:
Yes, proof is required to prosecute and condemn an individual accused of committing a crime for domestic violence. For such purposes, the prosecutor must collect all necessary evidence in order to file a claim against the aggressor before a criminal judge.
There are no required means of evidence to demonstrate domestic violence. The prosecutor may use whatever object, document, testimony, video, etc. he or she considers pertinent to demonstrate that the crime has been committed.
There are no special laws or requirements specifically mentioned for domestic violence.Any evidence must have been legally obtained and follow the chain of custody for its protection. Other than that, no additional requirements are currently in place.[19]
There is, however, specific regulation as to the testimonies of children and teenagers acting as witnesses in a domestic violence proceeding, as discussed below.The following affirmative defenses are available for any person accused of having committed any crime.[22] There are no exceptions or specific regulations for domestic violence:
According to Article 33 of the political constitution, no one may be forced to testify against himself or herself, or his or her spouse, permanent companion or kin to the fourth level of consanguinity, affinity two ranks removed or one rank removed in civil law.
Also, the following are exceptions to the duty to testify: a) a lawyer with their client; b) a doctor with their patient; c) a psychiatrist, psychologist or therapist with their patient; d) a social worker with the interviewee; e) a cleric with their parishioner; f) a public accountant with their client; g) a journalist with their source; and h) an investigator with the informant.Yes, children can be called upon to testify if the following conditions are satisfied:[24]
The following are the effects of a child victim on the charges against the offender:[25]
In criminal matters
The crime of domestic violence has a sentence of four to eight years in prison, which is increased by 75% when the victim is a woman, a minor, a senior citizen or a person in a state of vulnerability. Additionally, the offender will not be able to see the victim and/or their family during the length of the sentence and for one additional year after release. The crime of domestic violence in Colombia is subsidiary, which means that it only applies when the perpetrator does not commit a crime punishable by a greater penalty (Article 229 of the Criminal Code).
In civil matters
At the request of the applicant, family commissioners or family judges may issue protection orders, in which they will order the aggressor to refrain from carrying out the conduct that is the subject of the complaint or any other similar action against the offended person or another member of the family group.[27]Yes. However, offenders who commit a new crime against the family nucleus within 10 years of a previous conviction will be sentenced to the maximum possible penalty within the scope of the sentencing guidelines.
In the event that the perpetrator commits a crime with a greater penalty, they will be prosecuted and possibly convicted for the more serious offense. Feminicide (Article 104A of the Criminal Code), criminal offenses such as bodily injuries (Articles 111-121 of the Criminal Code), bodily injuries with chemicals, acid and/or similar substances (Article 116A of the Criminal Code), murder (Article 103 of the Criminal Code), kidnapping (Articles 169 and 170 of the Criminal Code) and any sexual offense (Articles 205-219C of the Criminal Code) are examples of crimes with a greater penalty than domestic violence that are aggravated when perpetrated against a family member or against a woman "for being a woman."For a first-time offense, a fine of two to ten times the minimum wage will be imposed.[28] This fine must be paid within five days, but it might be replaced by arrest if the perpetrator is insolvent and unable to pay.
If failure to comply with protection measures is repeated within two years, the penalty will be arrest for between 30 and 45 days.
Finally, an aggressor that violates a civil protection order will be deprived from probation.[29]The aggressor may not approach or communicate with the victim and/or members of their family group.[30] In addition, other penalties may be imposed when necessary, such as not going to the same places as the victim, among others.[31]
The aggressor may be obliged to carry out re-education or retraining activities paid by the national government.[32]