Domestic Violence: Your Rights and Legal Defense
If you or someone close to you is facing a domestic-violence case, there's a legal detail very few people know that can be decisive: living together is no longer the factor that determines whether the crime exists.
If you're a victim of this crime, or if you've been named in an investigation over it, what you decide to do in the first few days can shape the outcome of your case. That's why it's worth understanding a key point: today, living under the same roof is not a requirement for the crime to exist.
Do you have to live together, or does there have to be physical violence, for the crime to exist?
No. What the law protects isn't two people sharing a roof — it's the harmony and stability of the family. That's why, even if the relationship has formally ended, if patterns of control, harassment, or dominance by one person over the other persist, that risk is still present. Separation alone doesn't erase that pattern.
The Court has also pointed out something important: violence often gets worse right when the woman decides to end the relationship, because the abuser refuses to accept that decision and tries to hold on to the control they had before. That's why a judge doesn't just look for a single specific incident, but examines the full picture of the relationship.
If you're a victim
No longer living with the abuser, or not having documented physical injuries, doesn't mean your case lacks grounds. A pattern of harassment or control, even after separation, can be enough.
You have the right to be heard, to receive protection, to have your privacy respected, and to have a lawyer represent you throughout the process. Reporting in time, keeping whatever evidence you have (messages, medical certificates, records of prior incidents), and seeking legal support from the start can change the course of your case.
If you're being investigated
Your defense can't rest solely on "we weren't living together anymore" or "there was no physical violence." The process usually looks at the whole relationship, so the strategy needs to take that context into account.
Remember that in Colombia everyone is presumed innocent, and it's the Prosecutor's Office that must prove the facts. Even so, the process isn't simple: measures such as pretrial detention can be requested from early stages. That's why it's essential not to give a statement without legal advice, not to try to resolve the matter directly with the other person, and to seek representation from the very first summons.
A word of advice for both sides
Acting without legal guidance — out of fear, shame, or lack of information — almost always makes things worse. These cases have strict deadlines, and when minors are involved, special interview protocols must be carefully followed for the evidence to be valid.
Need guidance?
If you or someone close to you is going through this situation, the best thing to do is seek legal advice as soon as possible. At CONSEJURÍDICO we have experience representing both victims and people under investigation, and we can guide you on the steps to take in your case.
This article is for general informational purposes only and does not replace personalized legal advice. Each case must be individually assessed by a lawyer.
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