Access Denied: Ex-Partner and Children Blocked from Home After Abuse Allegation Dismissed in Tenerife

A woman residing in Puertito de Güímar has taken the drastic step of preventing her ex-boyfriend and his two minor children from entering their shared home. This action follows the dismissal of a domestic abuse allegation against the man, which has raised significant concerns regarding the implications for family rights and child welfare.

Context of the Legal Dispute

The conflict began when the ex-partner, who had been accused of domestic violence, vacated the residence based on legal advice. Despite the serious nature of the allegations, the court did not impose any protective measures against him. As a result, the case was provisionally archived by the Court of Violence against Women number two in Santa Cruz de Tenerife.

Following the initial dismissal, the complainant decided to appeal the court’s decision. However, in November, the Provincial Court of Santa Cruz de Tenerife upheld the provisional dismissal and confirmed the archiving of the case. A subsequent appeal filed by the complainant was rejected on September 10, with the court reiterating the final dismissal at the request of the Public Prosecutor’s Office.

Access Denied: The Impact on Family Life

Despite being cleared of any criminal wrongdoing, the man, identified as Héctor Navas, has been unable to access the home for over a year and a half. Following the filing of the complaint, the woman promptly changed the locks, effectively barring him and his children from retrieving their personal belongings. This situation has placed a significant financial burden on Navas, who continues to pay half of the mortgage while also covering rent for another property, as confirmed by his lawyer, Mercedes Zerolo.

Compounding the issue, the two children, one of whom has a disability due to autism spectrum disorder (ASD), remain registered at the address. This has raised serious concerns about their well-being, as they have been unable to collect essential items such as clothing, toys, and other personal belongings that are crucial for their daily lives.

Efforts to Resolve the Access Issue

In a recent attempt to regain access to his home, Navas sent a registered letter to the woman, notifying her of his intention to enter the property. However, she refused to accept the letter, which further complicated the situation. Accompanied by his lawyer and local law enforcement, Navas arrived at the residence, but the woman did not open the door. Despite the presence of Local Police and Civil Guard officers who were there to mediate, their efforts were unsuccessful as she declined to engage with them.

In light of these developments, Navas has filed a complaint with the Civil Guard, stating that he has vacated his rented accommodation following the court’s decision that exonerated him from the allegations of mistreatment. The court had previously ruled that the alleged crimes were not substantiated, emphasizing the lack of objective evidence beyond the complainant’s statements.

Judicial Findings and Their Consequences

The most recent ruling from the Provincial Court indicates that the allegations of physical and psychological abuse were not adequately supported. The court noted that the complainant’s claims, which included accusations of insults and humiliation, lacked corroborating evidence. The judges highlighted that the complainant has a vested interest in having her ex-partner leave the home to pursue her own peace and stability.

Furthermore, the court pointed out that the complainant’s medical report found no injuries, which further undermined her claims. The judges reiterated that the reported incidents must be substantiated with minimal evidence, which was notably absent in this case. This ruling not only affects the individuals involved but also raises broader questions about the legal protections available to families embroiled in domestic disputes.

Key points

• A woman in Puertito de Güímar has barred her ex-partner and their children from their shared home.
• The court dismissed the domestic abuse allegations against the man, leading to a final ruling of dismissal.
• The woman changed the locks immediately after filing the complaint, preventing access to the home.
• The ex-partner continues to pay half of the mortgage while renting another property.
• The children are still registered at the address, but have been unable to collect their belongings.
• Attempts to mediate the situation with law enforcement have been unsuccessful.
• The court found no objective evidence to support the abuse claims made by the complainant.