The head of the Court of First Instance and Instruction number 5 of Avilés has agreed this Thursday to withdraw the guardianship of the mother who yesterday threw herself with her daughter in her arms from the fifth floor of a building in Avilés and give it to the father, who has been placed released after declaring for a fight he had with his father-in-law, who has entered prison for attempted murder.
In addition, he has requested that the girl's grandfather be admitted to pretrial detention without bail as the alleged perpetrator of an attempted murder, considering that there is a risk that he will try to attack his ex-son-in-law again.
Mother and daughter have been admitted to the ICU of the Central University Hospital of Asturias since yesterday, the woman is in a serious but stable condition, and the girl has injuries of various kinds that do not cause fear for her life.
Hours before mother and daughter plunged into the void, the 65-year-old grandfather had a brawl with his ex-son-in-law and father of the minor in which they used a baseball bat, a hammer, a kitchen knife and a pepper spray, apparently for child custody and visitation issues.
Due to these facts, the Asturias Prosecutor's Office had requested that parental authority be withdrawn from the mother, that guardianship be attributed to the father, that the woman be deprived of the visitation regime and that a restraining order be issued for the grandparents with respect to of the girl.
Notwithstanding the fact that this qualification can be modified throughout the investigation of the procedure, the Prosecutor's Office considers that the grandfather could also be the author of another crime of breach since the fight occurred despite the fact that he had a restraining order in force from the her daughter's ex-husband.
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 he has been granted custody of his daughter in accordance with article 158 of the Civil Code.
His ex-wife and his daughter suffered serious injuries around 10 a.m. yesterday when they fell together from 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 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 out of the window, the girl's grandmother, who also lives in the same building, attempted suicide due to the anxiety attack she suffered from what had happened, although the self-inflicted injuries were minor.
