Juana Rivas’s lawyers regretted this Monday that the Court of Violence against Women number 2 of Granada has reaffirmed his opinion regarding the minor son of his clientwho remains with her after the Court of Investigation number four provisionally suspended the restitution order of the Court of Appeal of Cagliari (Italy). It provided that the minor must return to his father, the Italian Francesco Arturi, again denounced by Rivas for alleged crimes of coercion of a witness and threats to said minor and prosecuted for it.
Given the new order of the Court of Violence against Women number 2, which responds to the appeal presented by Rivas’s legal team against the judge’s file after the complaint of threats and coercion on December 30, on the grounds that the facts do not they would constitute gender violence, and pointing to the process opened in Italy, the place of residence of the child and his father; Rivas’s representation warns that it is “a serious error that is harming the rights of a minor and his mother”said order being subject to appeal.
Regarding this appeal, Rivas’ lawyers predict that “in approximately a couple of months the Provincial Court will rule.” Thus, they have expressed their confidence that the Prosecutor’s Office will support said appeal and the appeal court will agree with them; under the premise that “a friend telling you ‘I’m at your door’ is not the same as an enemy telling you.”
“Threats are a circumstantial crime, “It does not depend only on what is said, but also on the context and the previous relationships between the aggressor and his victim,” the lawyers say, assuring that they will “make every effort to protect Daniel,” who is now eleven years old.
Procedure in Italy
The judge of the Court of Violence against Women number two comes to indicate that It is the Italian jurisdiction that has the powers while “a criminal procedure is already being processed that is directed against the parent for alleged mistreatment of his children, and must be subject to the evidentiary procedures and precautionary measures that, where appropriate, are agreed upon in said procedure” or in the civil process related to the care and custody of the child, “which is also processed in Italy.”
“All this without prejudice to the fact that the Italian judicial authorities, as alleged by the Public Ministry, may, where appropriate, ratify or lift the precautionary measures already agreed on on January 7, 2025 by virtue of a request from Mrs. Rivas in the Court of Instruction in guard service, and without forgetting that, Spain and Italy sharing a common space of freedom, security and justice, it is the principle of mutual recognition, based on mutual trust between member states“the one who “must preside over” the “relations at that level between both countries,” the order adds.
On January 7, the Court of First Instance number 10 of Granada recused itself in favor of the Court of Violence against Women number 2, where already this judicial procedure opened following a complaint of gender violence presented by Maracena’s mother against the parent, requesting precautionary measures so that the minor did not travel.
The Gender Violence Court had agreed to file the lawsuit filed by the mother’s representation for alleged coercion and threats. However, The procedure continued its course since the dismissal resolution was appealed for this part under reform and, therefore, was not yet firm.
Pending the resolution of the appeal that occurred this Monday, the defense of Rivas, sentenced to prison for the abduction of her two minor children in the summer of 2017 and subject to a partial pardon by the Government of Spain, He asked the Provincial Prosecutor’s Office of Granada for international protection measures for his minor son, so that he would not return to his father after the Christmas vacation period in Spain.
The Prosecutor’s Office reported that, given “the imminent delivery” of the minor that Tuesday, had asked the court on duty to agree to “the requested appearance” by the woman and proceed “urgently to examine the minor.
The court reaffirms
It was that same night when the Court of Instruction number four of Granada, acting as guard, agreed to the provisional suspension of the return order that the Court of Appeal of the Italian town of Cagliari had issued regarding Rivas’s youngest son. Later, it inhibited itself in favor of Violence against Women 2, which justified its same criteria last week, in line with what it ratified again this Monday.
In this context, this Monday’s order archives the case of the complaint presented by Rivas, as it did in Malaga, last Christmas, to the “estimate that there is not sufficient evidence of the commission of any competent crime” of this jurisdiction, and just as, he specifies, the Malaga Court of Violence against Women 2 did when denying “the request for a protection order.”
This past Friday, more than one hundred Violence against Women judges from all over Spain transferred his “rejection” of the “attacks” by Rivas’s legal team against the judge of the Violence Against Women Court 2 of Granada after the latest resolutions she had issued in this case. Furthermore, they warned that the “discredit” of this colleague for her actions in a case of enormous media attention like this “ultimately discredits the entire judicial system.”
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