Domestic Abuse and No-Contact Orders in Italy: Legal Protection Even After Separation

A recent ruling by Italy’s Court of Cassation (Criminal Section VI, Judgment No. 23992 of June 27, 2025) underscores a critical legal principle: in cases of domestic abuse, the mere end of cohabitation between spouses does not necessarily eliminate the risk of continued violence or harassment. This is highly relevant in broader contexts, such as Italian inheritance law, probate in Italy, and even Italian estate planning, particularly when abuse affects the distribution or management of marital or inherited property.

The Case and the Ruling

The case involved a man subjected to a restraining order, prohibiting him from approaching his wife due to ongoing domestic abuse. His behavior included repeated threats, emotional manipulation, and coercive control—rooted in jealousy—that severely limited his wife’s autonomy and access to financial independence.

The man appealed the precautionary measure, arguing that since they were no longer living together (due to a separation order), the risk of reoffending no longer existed. He claimed that without the “emotional proximity” of cohabitation, the potential for repeat offenses should be considered null.

However, the Court rejected this argument, affirming that the danger of abuse does not end simply because the couple stops living under the same roof. In fact, the Court emphasized that the animosity often continues beyond cohabitation and may even intensify. The ruling noted that abusive conduct does not only manifest in physical proximity—it can persist emotionally, psychologically, or through indirect harassment.

Legal Implications Beyond Criminal Law

This ruling also has ripple effects in other areas of law. In cases involving inheritance in Italy or inheriting property in Italy, such as disputes during probate in Italy, an abusive relationship may complicate matters. For instance, if a US citizen inheriting property in Italy faces threats from a co-heir or spouse, Italian law prioritizes personal safety, even when dealing with Italian succession law or matters of selling inherited property in Italy.

In Italian estate planning, if one spouse has a history of abuse, special legal measures—such as donation in Italy with specific clauses or fiduciary arrangements—may be necessary to protect vulnerable parties. Similarly, determining who controls or occupies an inherited property (especially in cases where domestic abuse has occurred) can influence liability and may even affect the inheritance tax Italy and Italian estate tax responsibilities.

Severance of Relationship: A Legal vs. Practical View

The Court clarified that the legal concept of “relationship termination” goes beyond a formal separation. What matters is the complete emotional and behavioral disconnection. If animosity remains, or if there’s a pattern of threats or emotional harm—even without physical contact—courts may still find grounds for restrictive measures.

Citing previous rulings (e.g., Cass. Pen., Sez. VI, 2010, No. 45547), the Court affirmed that habitual verbal abuse, degradation, and humiliation—though not always physical—can form the basis of a criminal offense if they create a hostile, dehumanizing domestic environment.

Conclusion: Safety Comes First in All Legal Arenas

This decision reinforces that Italian law prioritizes personal safety, even after legal separation. Whether in the context of criminal law, succession, or estate management, courts are increasingly vigilant about ongoing risks—especially for vulnerable parties.

For anyone navigating inheritance in Italy, whether an Italian resident or a US citizen inheriting property in Italy, understanding the broader legal environment—including the possibility of ongoing domestic threats—is critical. Whether handling donations in Italy, selling inherited property in Italy, or planning around Italian estate tax, legal professionals must take these risk factors into account to ensure both compliance and personal protection.

VGS Family Lawyers is a law firm that offers assistance to English-speaking clients with interests in Italy.
In case you need assistance, please write to: info@vgslawyers.com.