This article presents the results of research carried out in two Italian cities, aimed at analysing the criminal justice system’s response to intimate partner violence. Research data were collected through the content analysis of judicial files concerning offences involving violence against women by a partner or a former partner. From the research, it appears that the Italian penal system tends to selectively de-construct and fragment the acts of violence, rather than to re-construct the facts as they actually took place. In criminal proceedings, the centrality of the woman’s cooperation is unquestionable. However, the ineffective response by the penal agencies could represent an instance of ‘circular causation’ linked to the so-called ‘trained inability’ of penal actors. In order to deal adequately with these issues, specific training is required for criminal justice system practitioners. It also seems necessary to resort to specific tools for risk assessment, in order to ensure the protection of the victim.