Bibliographic citations
Figueroa, C., (2022). Régimen de visitas y medidas de protección en los procesos de violencia familiar - juzgados de familia de Tambopata [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5487
Figueroa, C., Régimen de visitas y medidas de protección en los procesos de violencia familiar - juzgados de familia de Tambopata []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5487
@misc{renati/958875,
title = "Régimen de visitas y medidas de protección en los procesos de violencia familiar - juzgados de familia de Tambopata",
author = "Figueroa García, Carolina de los Milagros",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
In the present research work, the general objective was to establish the application of the visitation regime in protection measures in the processes of family violence in the family courts, it was postulated as a general hypothesis that there are legal, social reasons that justify the analysis and description of the visitation regime in the protection measures in the processes of family violence in the family courts of Tambopata, the object of study is related to family violence that occurred within the members of the family group, which may be the father, mother, children, grandparents, spouses, cohabitants, former cohabitants, stepfathers, stepmothers; ascendants and descendants; the collateral relatives of the spouses and partners up to the fourth degree of consanguinity and second degree of affinity or any other member of the family sphere and relationship. Article 32 of Law No. 30364, Supreme Decree No. 004-2020-MIMP; These protection measures are regulated in this legal device, but without taking into account or carrying out acts of investigation on the causes that have generated family violence, the jurisdictional bodies issue protection measures, among them the most drastic, which is the withdrawal of the aggressor. of the address; impediment or proximity; prohibition of communication with the victim. These adopted measures are issued without taking into consideration the visitation regime that parents have as a right with respect to their children and for which they are impeded within the family relationship that must exist between ascendants and descendants, even more so if the descendants are minors who are prevented from the right to parental authority, feelings, parental and/or maternal relationship and the visitation regime, being different and autonomous legal institutes that are stipulated in the code of children and adolescents and the civil code that ceases to side without any pronouncement on the resolutions issued by the jurisdictional bodies in the processes of family violence; This is the concern and the object of investigation of the present work. The research is qualitative, the discussion of the results was carried out through the legal argumentation of the analysis of resolutions of protection measures based on theoretical and factual data. The hypotheses were validated in the sense of the findings and the fundamental recommendation is addressed to the Family Court of Tambopata, in the sense of seeking a mechanism in the resolutions of how the communication of the children with the aggressor parent should be to reinforce the right and the family union.
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