The chief magistrate of the Court of First Instance and Instruction number five of Avilés, acting as a guard, has just issued a provisional prison order communicated and without bail for the grandfather of the girl whose mother threw out the window in Avilés this Wednesday. Likewise, he has granted custody of the minor to his father, who has been released.
As confirmed by legal sources, the man is charged with a crime of violation of a restraining order and attempted murder, notwithstanding the fact that said classification could be modified throughout the investigation and will be transferred immediately to the Asturias Penitentiary Center .
The ex-husband and father of the girl has been released, although he will continue to join the cause, in his case due to injuries. Regarding the custody of the injured minor, the same magistrate has awarded said custody to the minor's father, in accordance with article 158 of the Civil Code.
The minor's grandfather and father were arrested on Wednesday after having a fight during the early hours of the morning in a building on Avenida San Agustín. The reason for the dispute between the two detainees is related to family problems, with the 65-year-old man having a restraining order compared to the 44-year-old.
The woman's former partner had a restraining order against her between 2016 and 2018, but the woman left the Comprehensive Monitoring System in cases of gender violence (VioGén) in 2020 as no new complaints were registered.
The agents who mediated the fight intervened a baseball bat, a hammer, a kitchen knife of 13 centimeters and a pepper spray. Due to the injuries, the 65-year-old man was transferred to HUCA and the 44-year-old to the San Agustín University Hospital, before his presentation at the National Police Station as detainees.
Hours after this event, the former partner of the 44-year-old man and the daughter of the 65-year-old threw themselves from the fifth floor with their seven-year-old daughter in their arms at number 38 Avenida de Los Telares, in Avilés. The minor's maternal grandmother, who lives on another floor in the same block, also tried to harm herself, although the injuries were not serious enough and her life is not in danger.
Police sources have explained that if the woman evolves favorably from the injuries caused, a statement will be taken to clarify what happened. Both the woman and the girl remain admitted to the Central University Hospital of Asturias. Health sources have confirmed that the mother is seriously ill in the ICU and the minor continues in the pediatric ICU but is "out of danger".
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