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02 — FAMILY LAW

Domestic and gender-based violence in Argentina: how to obtain urgent protection under Law 26.485

Domestic and gender-based violence is one of the most serious situations a family can face. Law No. 26.485 on Comprehensive Protection to Prevent, Punish and Eradicate Violence against Women and Law No. 24.417 on Protection against Family Violence give victims urgent and effective tools to protect themselves: exclusion of the abuser from the home, restraining order, return to the home, provisional alimony, and protection of children. All of this can be obtained within hours, not months.

Urgency is key: when there is violence, every hour counts. We assist victims swiftly and firmly, combining the civil tools (protection orders), criminal tools (criminal complaint), and administrative tools (assistance centres) that the Argentine system makes available. We work in Spanish, Russian and English, guaranteeing absolute confidentiality.

Legal framework for protection against violence

The Argentine system combines several legal instruments: Law 26.485 (violence against women in its various forms — domestic, institutional, workplace, against reproductive freedom, media-related, in public spaces, political and public), Law 24.417 (domestic violence in the broad sense, covering the entire family group), the Convention of Belém do Pará (with supra-legal status), the CEDAW Convention (with constitutional status, art. 75(22) of the Constitution), and the Civil and Commercial Code in its treatment of parental responsibility and personal care in contexts of violence.

Types of violence recognised by law

  • Physical violence — any act that causes pain or bodily harm
  • Psychological violence — emotional damage, intimidation, humiliation, control, manipulation
  • Sexual violence — coercion to sexual acts, including within marriage
  • Economic and property violence — control of money, concealment of assets, destruction of property
  • Symbolic violence — messages, values and stereotypes that normalise subordination
  • Obstetric, media, institutional, political violence — specific forms provided for in Law 26.485

Urgent protection measures

Art. 26 of Law 26.485 and art. 4 of Law 24.417 empower the court to issue urgent measures without prior hearing of the other party. The measures may be requested at any duty court and are issued within hours. They are cumulative and may be extended or modified as the situation evolves.

Exclusion of the abuser from the home

The court orders the abuser to leave the home they share with the victim, regardless of who owns the property. The measure is enforced with police assistance if necessary.

Restraining order

A minimum distance set by the court (typically 100 to 500 metres) that the abuser may not breach. It applies to the home, workplace, children's school, and other relevant locations.

No-contact order

An absolute prohibition on communication by any means: telephone, messaging, social media, mail, or through third parties. Violation is a criminal offence (art. 239 of the Criminal Code, contempt).

Return of the victim to the home

When the victim was forced to leave the home, the court may order their return with simultaneous exclusion of the abuser.

Provisional alimony and provisional custody

While the underlying situation is being resolved, the court may set provisional alimony for the victim and children and grant provisional custody to the victim.

Panic button and electronic devices

In high-risk cases, courts may order the provision of electronic alarm devices for use by the victim.

Coordination with the criminal complaint

Civil protection measures are independent of the criminal complaint, but they can and should be coordinated. A criminal complaint is appropriate when a crime has been committed — bodily injury (arts. 89–94 of the Criminal Code), threats (art. 149 bis CP), sexual abuse (arts. 119 et seq. CP), homicide or attempted homicide, property damage, harassment (art. 149 bis, second paragraph CP) — and is filed with the duty prosecutor's office. We assist the victim on both fronts — civil and criminal — coordinating strategies so they reinforce each other.

Why choose Tchestnykh & Asociados

  • Urgent assistance — immediate availability for at-risk cases
  • Simultaneous civil and criminal coordination
  • Coordination with assistance centres and shelters
  • Absolute confidentiality and multilingual service
  • Marriage and divorce
  • Alimony / child support
  • Visitation rights