The violation of the right to defense, against the misuse of Protection Measures by the victim in violence against women

Abstract

Introduction: this research work analyzed the violation of the Right to Defense in relation to the misuse of protection measures, specifically the inappropriate use of Aid Ballots by the alleged victim of violence against women. Objectives:  to demonstrate that it is essential to justify the facts that arise in each complaint before granting a help ticket. Methodology: this academic contribution was developed based on a qualitative approach with the collection of information, which were taken from codes, resolutions, legal articles, and studies on violence against women or members of the family nucleus. In addition, this study used analytical-synthetic methods, inductive-deductive method, as well as historical-logical, dogmatic, and research technique called literature review. Conclusions:  the conclusion of this work justified that with the misuse of the help ballots the right to defense of the accused is violated, with the immediate obtaining of the help ballots the rights of the alleged victim are protected, but the alleged offender is left defenseless. Results:  the help slips are delivered immediately to the complainant, without first making a prior investigation and without having sufficient elements of conviction. Currently, women face a constant struggle against domestic violence, however it is necessary to note that there are sanctions that could be applied to those who violate women, for example: abuse in the indiscriminate use of protection measures, a situation that causes the plethora of protection measures to break or break the presumption of innocence of the aggressor.