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FILE Nº: 183521-2009-00953-0-FT

SPEC. JUDICIAL: DR. JACQUELINE TARRILLO


NOTEBOOK: MAIN
WRITTEN Nº: 02
SUMILLA: TO BETTER RESOLVE.

LORD MAGISTRATE OF THE TWENTY-FIRST


SPECIALIZED FAMILY COURT OF LIMA :
SOFIA CONSUELO LEON CABRERA , representing
my youngest daughter Carmen Esthefani Hernández
León , in the proceedings against Mr. Pablo Javier
Hernández Álvarez regarding Family Violence (in its form
of physical abuse); To you, with respect I say:
That, within the permissible legal term, in accordance with
our pertinent legal system, my part complies with presenting the corresponding allegations to
your respectable Office, requesting that your judiciary that, in due course, they be analyzed,
evaluated and a sentence be issued in accordance with Law. Taking into account the
following:
FIRST: Mr. Judge, as you can see, Police Report No. 150-VII-DIRTEPOL-DIVTER1-CSS-
SNAF, sent by the PNP Police Station of Santiago de Surco, which contains a complaint filed
by me against my husband on Mr. Pablo J. Hernández Álvarez for Family Violence (in its
form of physical abuse) to the detriment of our youngest daughter Carmen E. Hernández León
which is in cars.
SECOND: That, when the proceedings were received from the Lima Provincial Family
Prosecutor's Office, through a resolution on page 36, your judiciary admitted the lawsuit filed
for Family Violence (physical abuse) against the defendant Pablo J. Hernández Álvarez to the
detriment of my youngest daughter Carmen E. Hernandez Leon.
3º) That, by resolution number three on page 44 of the main file, the default of the defendant
is declared and a date was set for the single hearing where the process was declared healthy,
establishing controversial points.
4º) Mr. Judge, although it is true that the conciliation stage has been reached, a conciliatory
agreement cannot be reached with the defendant since he is a violent person and one cannot
talk peacefully with him.
5º) Although it is true that the Public Ministry with procedural legitimacy and in accordance
with the provisions of Art. 60º of the Civil Procedure Code filed a lawsuit against Mr. Pablo J.
Hernández Álvarez for family violence (physical abuse) to the detriment of my youngest
daughter Carmen Esthefani Hernández León, who was granted immediate protection
measures, which means that there were evidentiary elements that proved the family violence
reported by me.
6º) That, according to what appears in the main notebook, family violence (physical abuse) by
the defendant has occurred in the case of my youngest daughter Hernández Álvarez in
accordance with the provisions of paragraph 2 of the TUO OF THE “Law for Protection
against Family Violence” modified by Law No. 29282 dated November 25, 2008, which
defines and understands family violence as well as between those who occur, which is proven
in the records of family connection. between my daughter and the defendant.
7º) Mr. Judge, we understand by physical violence any action that causes damage to the
integrity of a person and that is manifested through the action of the aggressor against the
body of the victim in this case my youngest daughter, whether through blows or use of
substances or objects, which generate physical damage, the result of which is evident in the
material and physical result presented by the victim of abuse, and may be of different
magnitudes.
8º) That, the appellant filed a police report on May 20, 2009, before the Santiago de Surco
Police Station, in which she states that her husband, the defendant Pablo Javier Hernández
Álvarez, physically abused her youngest daughter Carmen E. Hernández León, pulling her by
the hair and belting her, a version that is ratified at the fiscal level (pages 23) and also in a
single hearing (pages 54/55), where he also states that the defendant when he is healthy does
not cause problems but when he drinks liquor, that is, when he is “dizzy” he insults my
daughter with rude words, he is a person who drinks liquor every weekend, and due to these
same events, my daughter, the eldest Jennifer Hernández Álvarez, had to leave home, tired of
the beatings committed by the defendant; This is not the first time that she has reported him,
since since she was summoned since she arrived from Italy in October 2008, he has been
physically and psychologically attacking her, with no communication existing between her
daughters and the defendant.
9º) Mr. Magistrate, on page 9, there is the police demonstration of my youngest daughter
Carmen E. Hernández León, who states that on March 20, 2009, her father, who was drunk,
attacked her by hitting her with belts, for no reason, pulled her by the hair and kicked her in
the leg, in addition to insulting her, a version that is ratified at the fiscal level (pages 24/25),
where she also states that she lives with her grandmother, that her father threatens her with not
paying for her higher education at the university and that she has lost this year since her plans
have not been finalized. studies but does what he asks, having even physically attacked her in
the street since her father's behavior is violent, he even tells her grandmother to throw her out
of her house, events that are also narrated in the hearing (pages 57/ 58) also pointing out that
her older sister left home due to the constant mistreatment by her father, even her younger
sister is terrified of the defendant because when he treats her badly she yells at him and sends
him to buy cigarettes, beer since She has a bad life with other people, describing her
relationship with her father as bad, the last act of violence being on December 30, 2009 when
her father, the defendant, attacked her mother by pushing her against the sofa, threatening to
kill her if she He went to defend her, so when he wanted to record her attacks, he took her cell
phone and threw it on the ground.

SOFIA CONSUELO LEON CABRERA


ID No.
FILE Nº: 183521-2009-00953-0-FT
SPEC. JUDICIAL: DR. JACQUELINE TARRILLO
NOTEBOOK: MAIN
WRITTEN Nº: 002
SUMILLA: CONSENT TO SENTENCE.

LORD MAGISTRATE OF THE TWENTY-FIRST


SPECIALIZED FAMILY COURT OF LIMA :
SOFIA CONSUELO LEON CABRERA , representing
my youngest daughter Carmen Esthefani Hernández
León , in the proceedings against Mr. Pablo Javier
Hernández Álvarez regarding Family Violence (in its form
of physical abuse); To you, with respect I say:
That, in accordance with my constitutional right that our
Magna Carta recognizes, the single hearing having been carried out with the attendance of
both parties, the defendant having been notified of the sentence (resolution number six) on
April 5, 2020 and the Family Prosecutor's Office notified of the aforementioned resolution on
March 31 of the current year; and finding ourselves within the period granted to us by our
Peruvian legislation, I request that your respectable office DECLARE CONSENT AND
EXECUTORY THE JUDGMENT DECLARING the claim FOUNDED .

THEREFORE:
Please, Mr. Judge, I request that you agree to the request
as it is fair.
FIRST OTHERWISE I SAY : That, I request your respectable office to authorize to
whomever it corresponds the certified copy of the following pages: 53, 54, 55, 56, 57, 58 and
59; I do not attach the corresponding tariff hereto because it is exempt.

SECOND OTHERWISE I SAY : I reiterate the appearance of my defense attorneys who,


individually and indistinctly, will present appeals and briefs, so they will be kept in mind.

Lima, April 19, 2010

SOFIA CONSUELO LEON CABRERA


JUDICIAL SPECIALIST: JACQUELINE TARRILLO
FILE Nº: 183521-2009-00953-0-FT
NOTEBOOK: MAIN
WRITTEN Nº: 03
SUMILLA: CERTIFIED COPY OF THE JUDGMENT.

LORD JUDGE OPERATING IN THE TWENTY-FIRST SPECIALIZED FAMILY COURT


OF THE JUDICIAL DISTRICT OF LIMA :

SOFIA CONSUELO LEON CABRERA , representing my youngest


daughter Carmen Esthefani Hernández León, in the proceedings
against Mr. Pablo Javier Hernández Álvarez, regarding Family
Violence (in its form of physical and psychological abuse); To you,
with respect I say:

In accordance with my constitutional right, your respectable Office


having issued and validly notified the sentence (dated January 29 of the current year) to the parties at
their respective procedural domicile.

That, in order to assert my right to petition, I REQUEST YOU, MR.


JUDGE, TO ORDER THAT I BE GRANTED A CERTIFIED COPY OF THE ABOVE STATED JUDGMENT.

BECAUSE OF WHAT WAS STATED:

Please, Mr. Judge, issue a certified copy of the request above and
provide it in accordance with the Law.

Lima, MAY 13, 2010.


---------------------------------------------------

SOFIA CONSUELO LEON CABRERA


FILE Nº: 136-074-00581850-ACUM.
CODE NO: 524501
COACT EXECUTOR: NICANOR LUJAN DUEÑAS.
SUMILLA: PERSONATION OF A LAWYER AND OTHERS I SAY.

COACTIVE EXECUTOR OF THE TAX ADMINISTRATION SERVICE OF THE MUNICIPALITY OF LIMA :

SOFIA CONSUELO LEON CABRERA, identified by DNI No. 09388553,


in the proceedings filed with the State Entity that you worthily direct,
regarding tax delinquency – fiscal year 2005/2006; To you, I say:

That, under the protection of my right recognized by Section 14,


of Article 139 of our Magna Carta of the State, I appoint as my Defense Attorney the Lawyer
who signs this appeal, who will represent me from the date, requesting that he be provided
with the facilities of the case such as reading the file, presenting appeals, filling out parts,
letters, among others.

THEREFORE:

Please, Mr. Coercive Executor, have me appear as my


sponsoring attorney and provide in accordance with the Law.

Lima, May 17, 2010.

-----------------------------------------------

SOFIA CONSUELO LEON CABRERA


SPECIALIST: JACQUELINE TARRILLO
FILE Nº: 183521-2009-00953-0-FT
NOTEBOOK: MAIN
WRITTEN Nº: 005
SUMILLA: REQUEST SETTLEMENT OF COSTS AND COSTS.

LORD JUDGE OPERATING IN THE TWENTY-FIRST SPECIALIZED FAMILY COURT


OF LIMA :

SOFIA CONSUELO LEON CABRERA , representing my youngest


daughter Carmen Esthefani Hernández León , in the proceedings
against Mr. Pablo Javier Hernández Álvarez, regarding Family Violence
(in its form of physical and psychological abuse); to you I say:

I.- REQUEST

That, in accordance with the provisions of Art.410º and Art. 411º of the Code of Civil Procedure I
REQUEST that you serve as a proposal for the following settlement of costs and procedural costs, and
in due course approve it.

II.- COASTS

Being limited by Art. 410º of the Code of Civil Procedure establishes the following judicial expenses
caused by the family violence committed by the defendant to the detriment of me and my youngest
daughter, the detail being as follows:

- COURT EXPENSES

1. Various copies S/. 30.00

2. Mobility expenses at the Police Station level S/. 30.00


3. Mobility expenses at the Family Prosecutor's Office level S/. 50.00

4. Mobility expenses at the Family Court level S/. 50.00

TOTAL COSTS: S/. 160.00

III.- COSTS

Being limited by Art. 411º of the Civil Procedure Code establishes the following expenses for legal
defense caused by the family violence committed by the defendant to my grievance and that of my
youngest daughter, who was even forced to litigate so much since she reported it to the Santiago
Police Station of Surco, then I passed the file to the Family Prosecutor's Office and then when the
Public Ministry formalized the complaint, sending the file to the 21st Family Court of Lima, the
following detail being:

Attorney fee:

For more than three years of legal advice S/. 2.000.00

5% CAL Bar Association S/. 75.00

TOTAL COSTS: S/. 2,075.00

FOR THE EXPOSED:

Please, Mr. Family Judge, transfer the present liquidation of


costs and procedural costs as it is a matter of justice.

FIRST OTHERWISE I SAY: That I attach herewith a sales receipt, with which I demonstrate the
expenses in photocopies that my part has made. Annex (1-A)

SECOND OTHERWISE I SAY: That, on the date I comply with attaching the instruments where I prove
that I am exempt from income tax. Annex (1-B)
Lima, May 18, 2010.

SOFIA CONSUELO LEON CABRERA

ID No. 09388553

FILE Nº: 183521-2009-00953-0-FT


LEGAL SPECIALIST: JACQUELINE TARRILLO
NOTEBOOK: MAIN
WRITTEN Nº: 004
SUMILLA: THAT THE PROTECTION MEASURES BE
EXECUTED.

LORD JUDGE IN CHARGE OF THE TWENTY-FIRST SPECIALIZED


FAMILY COURT OF THE DISTRICT OF LIMA :
SOFIA CONSUELO LEON CABRERA , representing my
youngest daughter Carmen Esthefani Hernández León , in the proceedings against Mr. Pablo Javier
Hernández Álvarez, regarding Family Violence (in its form of physical and psychological abuse); To
you, with respect I say:

Both parties being notified of the sentence (resolution six) on April 5


of the current year, in which your respectable Office rules by declaring the lawsuit filed by the Seventh
Family Prosecutor's Office of Lima, against the defendant, to the detriment of me, founded. adolescent
daughter, therefore, in accordance with the provisions of Art. 2, Section 2 of our Political Constitution
of the State and the provisions of Art. 5th of Law 29282, which modifies Art. 21 of the Law on
Protection against Family Violence (Law No. 26260), I REQUEST THAT THE PROTECTIVE
MEASURES BE EXECUTED IN FAVOR OF MY MINOR DAUGHTER CARMEN ESTHEFANI
HERNANDEZ LEON, INDICATED IN CONSIDERATIONS A) The cessation of violence by Mr.
PABLO JAVIER HERNANDEZ ALVAREZ of any type of act that involves Family Violence in the
form of physical abuse to the detriment of the adolescent CARMEN ESTHEFANI HERNANDEZ
LEON; B) The evaluation, followed by individual psychological therapy to which Mr. PABLO
JAVIER HERNANDEZ ALVAREZ must undergo, in the health center of state value closest to his
home, and must report the results of the same to the Court, under warning to impose a fine of
THREE Procedural Reference Units , and to request its execution in accordance with the Law,
without prejudice to sending copies to the representative of the Public Ministry for the formulation of
the respective complaint and C) The temporary departure of Mr. PABLO JAVIER HERNANDEZ
ALVALREZ of the domicile for 6 months, under warning of the Law; of the sentence, informing the
Police Station of the defendant's real domicile in this case, the Santiago de Surco Police Station.

THEREFORE:
I request that you, Mr. Judge, take the protective measures indicated
and provide them in accordance with the Law.
Cercado de Lima, May 24, 2010.

--------------------------------------------------------
SOFIA CONSUELO LEON CABRERA

LORD NOTARY PUBLIC:


Please extend in your Public Deed registry, a Perpetual Transfer of Property executed on the

one hand by Mr. ALEJANDRO RAUL MOYANO MEJIA, identified with DNI No. 08755218, with real

address located at Jr. Ramón Castilla Nº 571, Sector II, Tablada de Turín, who from now on we will call

“THE TRANSFEROR” and on the other hand, Ms. SOFIA CONSUELO LEON CABRERA, identified with

DNI Nº 09388553, with home address in Jr. Tacna No.…. , “Cercado” Urbanization, district of Santiago

de Surco, province and department of Lima, who from now on will be called “THE ASSIGNMENTARY”,

according to the following terms and conditions:

FIRST: THE ASSIGNOR declares that he is the Owner of a property located in Jr. Bolognesi Nº 412, in

the district of Santiago de Surcote, an area of approximately 60.00 m2.

SECOND: THE ASSIGNEE, in a disinterested and non-profit manner, transfers in favor of THE

ASSIGNEE, Mrs. SOFIA CONSUELO LEON CABRERA, the ownership of the air corresponding to the

Second, Third and any other levels she wishes to build on the property located in the first paragraph.

THIRD: THE ASSIGNEE , receives in accordance with the assignment, given by THE ASSIGNOR, in

accordance with the standards stipulated in the Law, in a satisfactory manner and to its liking.
FOURTH: The property in question may not be transferred or sold after the transfer, in question since

it will be its only material asset and will serve to safeguard the old age of THE ASSIGNEE.

FIFTH: It should be noted that THE TRANSFERR has not been forced or intimidated and that the

decision is his own and without any type of intimidation.

SIXTH: THE ASSIGNEE, once signed, will process the elevation of the property in a public deed in its

name where it will bear the expenses related to the latter.

THEREFORE:

Please, Mr. Notary Public, add what is required by law, and submit the respective parts to the

Urban Property Registry of the South Zone of Lima, for registration.

Santiago de Surco, May 13, 2010

SPECIALIST: JACQUELINE TARRILLO M.


FILE Nº: 183521-2009-00953-0-FT
NOTEBOOK: MAIN
WRITTEN Nº: 005
I REQUEST THAT THE DECREED WARNING BE
EFFECTIVE.

LORD JUDGE OF THE TWENTY-FIRST SPECIALIZED FAMILY COURT OF THE


DEPARTMENT OF LIMA :

SOFIA CONSUELO LEON CABRERA, identified with ID


No. 09388553, representing my youngest daughter Carmen Esthefani Hernández León , in
the proceedings against Mr. Pablo Javier Hernández Álvarez, regarding Family Violence (in
its form of physical and psychological abuse); To you, with respect I say:

That, to safeguard my right, having decreed your respectable


Office through resolution number thirteen dated August 2 of the current year, impose a
compulsory and progressive fine of three procedural reference units, on the defendant, being
correctly notified on September 6 of the This year, having not complied with informing the
Court despite the legal requirement for it to comply with reporting regarding the
Psychological Therapy ordered in the sentence, I REQUEST YOUR RESPECTABLE
OFFICE TO CARRY OUT THE WARNING DECREED IN RESOLUTION Nº 13
( dated August 2, current) AND PLEASE REPORT TO THE SPECIALIZED
CRIMINAL PROSECUTOR 'S OFFICE OF LIMA FOR THE PURPOSES OF
REPORTING YOU AND OPENING A CRIMINAL PROCESS FOR THE CRIME OF
RESISTANCE TO AUTHORITY AND RESISTANCE TO JUSTICE , SENDING THE
CERTIFIED COPIES OF THE RELEVANT PROCEDURAL PARTS, SO THEY
WILL BE KEPT IN MIND AT THE TIME OF PROVIDING.

FOR THE EXPOSED:


I request you, Mr. Specialized Judge, to provide in accordance
with the Law.
Historic Center of Lima, November 5, 2010.

SOFIA CONSUELO LEON CABRERA


ID No. 09388553

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