Domestic violence, son's note confirms father's abuse
Judgement annulled charging the end of the marriage to the wife for an extramarital affair
'Dad, I realised that it gives you more pleasure to beat me up than to hug me, I have to tell you the truth when you are missing we never notice because by now we are used to not seeing you, you only play pranks outside the house, instead inside you only shout'. Thus the youngest son's note nails his father and proves the violent behaviour.
The Court of Cassation gives weight, in addition to the woman's testimony, to the child's grievance over his father's treatment of him and annuls the judgement by which the woman was charged with the separation and denied divorce allowance for anextramarital affair.
For the judges of merit, in fact, in the absence of a conviction of the man, the ill-treatment was not proven, whereas there was proof of infidelity preceding the marital crisis.
The child's little letter to his father, written before the mother's new report, changes the picture. In addition to the note to the father, themistreatment had also been reflected in the transcripts of theaudio recordings of the wife's conversations with her husband, which unequivocally showed the latter's non-acceptance of the end of the relationship and, consequently, his dangerousness.
The absence of criminal developments
"The Court of Merit examined the sole fact that no proof had been provided of the development of the criminal complaints lodged against (omissis), and therefore of the outcome of the criminal proceedings initiated, considering insufficient the de relato testimony of the applicant's mother," reads the judgment, "without any examination of the other evidence acquired, such as: the sheer son's note and the audio recordings of conversations between (omissis) herself and her husband.
