5.1.1 When do the police get involved in domestic disputes or legal actions?
The police become involved when there is an obvious disturbance of public order to prevent a crime from being committed or when a judge orders their intervention to safeguard a victim.
5.1.2 What circumstances effect law firm involvement?
The following circumstances may affect law firm involvement:
- the victim's unwillingness or hesitation to report the situation of violence
- conflict of interest
- prejudice
- lack of financial resources (victim)
5.2.1 Is proof required by any legal means?
To grant protection measures, the judge must consider if the accused represents a risk to the victim's safety, without the need to be certain of the fact or substantial proof.
5.2.2 Are there any requirements regarding evidence and documents?
To request civil protection orders or protection measures, no evidence or documents are required; only the victim's statement (complaint) is required.
5.2.3 Is proof "beyond a reasonable doubt" required?
No, such standard of proof is required to convict an aggressor for a crime. However, this is not necessary to grant protection measures.
5.3.4 How is consent discussed in the law?
In criminal legislation, it serves as an exclusion of responsibility.
5.4.1 What is a witness's duty to testify honestly and completely?
The law establishes that every person who is a witness is compelled to testify regarding the facts investigated.
5.4.2 Who may abstain from testifying in certain situations?
Article 243 of the Federal Criminal Code establishes that certain persons may abstain from testifying: a curator, guardian or spouse, relatives by consanguinity and those who are linked with the accused out of love, respect, affection or close friendship. These persons must be informed of the ability to abstain before declaring. If they agree to testify, they cannot refuse to answer asked questions.
5.4.3 What potential "excuses" can a witness raise to refuse to testify in a domestic violence action?
A relationship with the accused.
5.4.4 What is the impact of domestic violence on witnesses who are children?
Children who witness or who are victims of domestic violence are at serious risk of long-term mental and physical health problems.
5.4.5 Can children be called upon to testify?
Yes, but they must be accompanied by their attorney or parents according to the Mexican Supreme Court.
5.4.6 What is the effect of a child victim on the charges against the offender?
There could be possible long-term mental and physical health problems, and they might need to attend psychological therapy.
5.5.1 What are the penalties and sentencing laws for first-time domestic violence offenses?
The specific crime of "domestic violence" establishes a penalty of imprisonment for six months up to four years and psychological treatment; however, a family bond also serves as an aggravation of other crimes.
5.5.3 What is the result of a violation of an existing order for protection?
Penalties, detention and the reinforcement of the issued orders.