The Law 38 of 2001 in Panama has as goal the development of the constitutional principles of family protection, in that it is aimed at the pursuit of harmony and family unity, through a full treatment of various forms of violence they presented in our country.
To inform the authorities of cases of domestic violence is the responsibility of all of us in the community and we must do it so as soon as we have knowledge of it. In that sense, the court proceedings when there are acts of domestic violence, ex – officio, that is to say that the authority carried out by order of the Law; however, in these cases it is always advisable to at least have the assessment of a lawyer to ensure the maximum respect for the rights of both the victim and the alleged aggressor.
The Law 38 of 2001 in Panama is in the frame of application of the law to orient in which cases we can implement this Law, including Marriages, de Facto Unions, couples relationships that have not yet five years old, whose permanence intentions can be accredited, consanguinity, affinity or adoption, sons to daughters under age uncommon who live or not within the family, persons who have procreated between them a son or daughter and also apply to the situations described in the preceding paragraphs, even if they have completed at the time of the assault.
The law aims to protect the various manifestations of domestic violence and child, girl and adolescents abuse, and all persons connected with the situations described in this Act, according to the Constitution, the Family Code and the treaties and international conventions to which the Republic of Panama is a signatory. Defines the terms on which the law is based to better understanding of the reader.
The Act also provides Protection measures that the authority has the power to execute when it becomes aware of the fact, without prejudice to start or continue the respective civil, criminal, family or administrative process such as: authorize the surviving victim, if upon request, to temporarily settle in a different address common to protect it from future attacks, respecting confidentiality address. Forbid the introduction of weapons or to keep weapons in the shared home, as well as to seize them to ensure they are not used to intimidate, threaten or harm. Forbid the alleged perpetrator or the alleged aggressor to approach the shared home or where the surviving victim is, also the workplace, study or other commonly frequented by her, among others.
In this vein, the Act also gives power to the corresponding authority to apply protective measures that are not of his competency, making the request to the empowered authority for it to implement the suggested measures or to consider other relevant, in a seventy-two hours period. It also establishes the duration of 6 months maximum applicability for protective measures notwithstanding that they may be extended while the process lasts. The disobedience by the perpetrator of the protection measure results in a sanction for contempt.
The officials of the administrative police, the traditional authorities in indigenous areas (in a supplementary way to their traditions), the Prosecutors agents and the authorities of the Judicial organ, each one according to their jurisdiction, are the ones entitled by Law to implement the protective measures.
In addition, to the aforementioned authorities, the magistrates and the night judges must, provisionally, take cognizance of the fact and apply the appropriate protective measures without actually decide on the merits of the case and shall refer the case to the competent authority within a period not exceeding seventy-two hours, counted from the time the measure referred to applies.
According to the Act the protection measures can be applied ex- officio or at the request of the interested party, verbally or in written and states that the protective measures against the remedies established by law, according to the relevant competition authorities.
If you are a victim of domestic violence, in SPECIALISTS IN FAMILY LAW, offer you a comprehensive advice, with a special 24 hour treatment applicable to these cases; so we recommend you to contact our office to schedule an attention as soon as possible.