A survivor of severe physical abuse arrives at a police station to report a crime but is redirected to a protection order instead of having a criminal case opened.
Freeintermediate8 minutesDomain 2 of 119
The Situation
What They Said
“I am here to report a serious criminal assault. This is a serious crime, and the law places a duty on you to help me file this report now.”
Your partner strangled and beat you severely. When you arrive at the police station, the officer on duty suggests you apply for a protection order or 'sort things out at home,' downplaying the severity of the attack and refusing to take your report. Your injuries are visible and documented.
Your Response
How to Respond
Under Article 2(f) of Law 26.485, I have the right to access justice. This assault is a crime, and you must open the case. My injuries are documented; please proceed.
Now say it out loud. The Advocate walks you through this scenario with audio, law references, and Scripture — so the words come out right when it matters.
Domestic Assault Is a Private Matter, Not a Police Matter
The officer is treating a serious criminal assault as a private dispute to be resolved domestically. This is both legally wrong and dangerous. Severe physical assault, strangulation, and grievous bodily harm are serious crimes regardless of the relationship between the people involved. The police have a legal duty to take a report when a serious crime is reported — they cannot substitute a civil protection order for a criminal case.
What the Law Says
Your Legal Foundation
Ley 26.485 de Protección Integral a las Mujeres
art. 2 de la Ley 26.485 — Gender Violence Law
“Article 2 - Purpose. This law aims to promote and guarantee: ... f) Access to justice for women who suffer violence;”
The officer's refusal to open a criminal case for assault, despite visible injuries, denies you access to justice as guaranteed by Article 2(f). The law mandates that women who suffer violence have full access to legal remedies, including criminal prosecution.
What Scripture Says
God's Word on This
Psalm 82:3-4 ()
“Defend the weak and the fatherless; uphold the cause of the poor and the oppressed. Rescue the weak and the needy; deliver them from the hand of the wicked.”
God's Word calls those in authority to actively protect the vulnerable from violence, not to dismiss their suffering as a private matter. The police carry this responsibility by law and by conscience.
Practice
Drill Prompt
Officer: 'This is a domestic issue; you should go home and cool off. We don't need to file charges.' You: 'The law explicitly guarantees my access to justice for violence I suffered. This is not a private matter; it is a criminal offense. Refusing to take my report violates Article 2(f) of Law 26.485. I insist on filing the complaint now.'
What They'll Say Next
Blindside Counter-Arguments
After you give your response, they may push back. Here is how to handle each counter-argument.
They might say: “The law only covers domestic violence, not assault in general.”
Your response: The law applies to violence against women in any form, including domestic settings. Your refusal to file a case for assault with intent to do grievous bodily harm directly impedes my access to justice under Article 2(f).
They might say: “You need a protection order first before we can file a criminal case.”
Your response: The law does not require a protection order as a prerequisite for filing a criminal complaint. Access to justice under Article 2(f) means I can pursue criminal charges immediately. Please take my statement.
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