Avilés (Asturias) (EFE) give it to the father, who has been released after testifying for a fight he had with his father-in-law, who has entered prison for attempted murder.
Mother and daughter have been admitted to the ICU of the Central University Hospital of Asturias since yesterday, the woman in a serious but stable condition, and the girl with injuries of varying degrees that do not cause fear for her life.
Hours before the mother jumped into the void with her daughter, the 65-year-old grandfather had a fight with the father of the minor in which they used a baseball bat, a hammer, a kitchen knife and a pepper spray, apparently, for problems related to the custody of the minor and the visitation regime.
Due to these facts, the magistrate of the Avilés security court has issued a prison order and ordered his immediate transfer to the Asturias Penitentiary Center for the grandfather, to whom, in principle, he attributes a crime of violation of a restraining order and homicide in degree of attempt
Notwithstanding the fact that this qualification can be modified throughout the investigation of the procedure, the magistrate attributes another one of breach since the fight occurred despite the fact that he had a restraining order from his daughter’s ex-partner in force.
Custody is removed from the mother and parental authority of her daughter is given exclusively to the father
The father of the minor has been released, although he will continue to be involved in the case as the alleged perpetrator of a crime of injury, and has granted him custody of his daughter in accordance with article 158 of the Civil Code, according to sources from the Superior Court of Justice of Asturias.
Her defense lawyer, Sofía Duart, has added that the judge has not only removed custody from the mother and given exclusive parental authority to the father, but has also issued a restraining order for the girl and parent, whom she has not recognized nor a visiting regime, as requested by the Prosecutor’s Office.
The grandfather’s public defender, María Luisa Nevado, has indicated that her client, who has many stitches on his face and an arm in a sling, is still in “shock” and that, although he seems calm, he is not sure that be “fully aware of what is happening”.
The previous fight as a result of the visiting regime
In her statement before the judge, according to the lawyer, she acknowledged the facts and justified them in the tension and nerves that the fact that her granddaughter’s father had recovered the visiting regime had caused the entire family.
Apparently, these events could have led the girl’s mother to decide to throw herself out of the window of her house, located on the fifth floor of number 38 Avenida de Los Telares in Avilés.
After taking a ladder to get out through the window, the mother grabbed the girl in her arms and while she screamed not to throw her, she jumped into the void in a matter of seconds, according to what some witnesses who witnessed the events from a bar nearby told EFE. in front of the building.
Mother and daughter fell on top of a car which cushioned the blow before both ended up lying on the sidewalk.
The mother was in the system on cases of Gender Violence
The mother had also been included in the Comprehensive Monitoring System in cases of Gender Violence, known as the VioGén System, until 2020, and between 2016 and 2018 the father had a restraining order in force.
The first reported complaint of gender-based violence dates from 2016, when the girl was a baby, but the woman left the VioGén system in 2020 as no new complaints were received after a while.
After jumping through the sale, the girl’s grandmother, who also lives in the same building, tried to cut her veins in the bathtub when she suffered an anxiety attack over what had happened, although the self-inflicted injuries were minor.