Anonymised case study
Partner-related injuries: provisional dismissal for insufficient evidence
In the context of a couple's relationship, injuries were investigated. The judicial body valued the statements and evidence available.
Read moreServices
Gender-based violence: defence and prosecution in Madrid
Defence and representation, taking account of any protection measures in force.
We accompany the analysis of complaints, investigations and protective measures. The information is carefully examined, preserving privacy and distinguishing indications, precautionary measures and what is finally declared proven.
What should be reviewed?
Gender-based violence has a specific legal scope. Bodily injury, threats, coercion, habitual abuse and breach allegations require examination of different offences. A protection order is not a conviction and must be respected while it remains in force.
What can you prepare?
- Complaint, summons and rulings
- Reported protective measures
- Complete conversations and their original files
- Medical reports and relevant documents
Gender-based Violence Protection Act · art. 1
Understanding to Decide
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Anonymised case study
Protection: restrictions on approach and communication
The evidence and risk were assessed at a protection hearing, with the involvement of the parties.
Gender-based violence and protectionRestraining orders and breachesCriminal defence and fast-track proceedings
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Abuse allegations: evidence and the separate civil issues
In a context of family conflict, incidents of alleged ill-treatment were investigated and disagreements over family relations were also raised.
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Partner-related injuries: insufficient evidence of their cause
In a trial for alleged intimate partner injuries, injuries and testimony were examined about an incident. The accused exercised their right not to testify.
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Harassment: dismissal after promised documents were not produced
In an investigation into possible harassment, the complaint referred to documentation that could corroborate his account. The court required his contribution to contrast the versions.
Threats, coercion and harassmentGender-based violence and protectionCriminal defence and fast-track proceedings
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Injuries: reparation of harm in sentencing
In a couple ' s injury trial, the facts, evidence and circumstances that might influence the sentence were discussed.
Read moreSupreme Court · Second Chamber
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Supreme Court · Second Room · 2026
Cutting electricity to force a spouse to leave
The court upheld a conviction for gender-based coercion after a husband cancelled electricity to the home occupied by his wife following separation. It considered his purpose of forcing her to leave.
ECLI:ES:TS:2026:2963
Read moreSupreme Court · Second Room · 2024
A chance encounter under a restraining order
The court held that a person prohibited from approaching someone must leave after noticing a chance encounter. The restriction applies to the recipient of the order, not to the protected person.
ECLI:ES:TS:2024:3075
Read moreSupreme Court · Second Room · 2023
Threats made in front of police officers
The plenary court upheld an acquittal on threats because the intention that the words reach the intended recipient was not established. A dissenting opinion supported a different outcome.
ECLI:ES:TS:2023:1557
Read moreAnswers to guide you
Questions and answers about this service
19 Brief answers with references to official regulations.
Is it necessary to live together so that there is gender-based violence in the couple?
Not necessarily. The Spanish Criminal Code contemplates certain acts against the wife, ex-partner or woman linked by analogous relationship, even without cohabitation.
Spanish Criminal Code · art. 153
Consult this service ↗See FAQ ↗Can there be mistreatment even if there is no visible injury?
Yeah. Work abuse and other conduct can be punishable without visible injury. Possible psychological violence should also be assessed.
Consult this service ↗See FAQ ↗What is habitual domestic abuse?
It is a situation of physical or psychological violence habitual in the area provided for by law. The proximity and plurality of acts are valued, without requiring prior convictions for each.
Spanish Criminal Code · art. 173
Consult this service ↗See FAQ ↗Can I ask for protection before there's a sentence?
Yeah. Precautionary measures may be agreed upon when the risk and justification requirements are met. The protection order does not require waiting for a conviction.
Spanish Criminal Procedure Act · art. 544 bis, art. 544ter
Consult this service ↗See FAQ ↗Where can you apply for a protection order?
A request may be made to the court, the Public Prosecutor ' s Office, the police, the victim ' s care offices and certain assistance services, which must refer it to the competent body.
Spanish Criminal Procedure Act · art. 544ter
Consult this service ↗See FAQ ↗See the remaining questions
Can the protection order include measures on children?
Yes, you can incorporate civil measures in legal cases. Protection needs, existing family resolutions and applicable deadlines should be addressed.
Spanish Criminal Procedure Act · art. 544ter
Consult this service ↗See FAQ ↗Is the protection order automatically granted when you report it?
No. The judicial body should assess the evidence and an objective risk situation justifying the measures requested.
Spanish Criminal Procedure Act · art. 544ter
Consult this service ↗See FAQ ↗Does withdrawing the complaint always end the procedure?
No. In the case of criminal offences prosecuted ex officio, the proceedings may continue even if the victim changes his position. It must be distinguished to denounce, accuse and declare.
Spanish Criminal Procedure Act · art. 105
Consult this service ↗See FAQ ↗Can I freely decide not to testify against my partner?
The family waiver has requirements and exceptions, including the previous private prosecution by the victim or have agreed to declare after adequate information. The 416 article and the procedural situation must be reviewed.
Spanish Criminal Procedure Act · art. 416
Consult this service ↗See FAQ ↗Going back to my partner makes no sense about being away?
No. The consent of the persons concerned does not revoke a judicial decision. Its amendment or termination must be obtained by the competent body.
Spanish Criminal Code · art. 468
Consult this service ↗See FAQ ↗Can messages and audios serve as evidence?
Yes, if they are relevant and their acquisition and integrity allow them to be used. The originals and their context should be preserved, avoiding unauthorized access.
Spanish Criminal Procedure Act · art. 299
Consult this service ↗See FAQ ↗Proclaiming late prevents investigation?
Not automatically. The limitation period and available evidence should be examined. The time elapsed must also be assessed in the context of the facts.
Consult this service ↗See FAQ ↗Could the victim's statement be relevant evidence?
Yeah. It can have charge value if practiced and valued with guarantees. There is no automatic conviction or exclusion for lack of eyewitnesses.
Spanish Criminal Procedure Act · art. 741
Consult this service ↗See FAQ ↗Can there be compensation for psychological harm?
Yes, if a compensable damage is established and its relationship to the crime. Evaluation may require clinical or expert reports.
Consult this service ↗See FAQ ↗What happens if I receive a complaint and deny the facts?
You have the right to know the charge, legal aid and a defence with proof of disclaimer. You must comply with judicial measures as long as they are in force.
Spanish Criminal Procedure Act · art. 118
Consult this service ↗See FAQ ↗Does a acquittal mean the complaint was false?
No. Insufficient evidence or a acquittal alone does not prove a false accusation, which has its own requirements.
Spanish Criminal Code · art. 456
Consult this service ↗See FAQ ↗Is economic violence always an autonomous crime?
There is no single answer for that label. The facts may fit, for example, in non-payment of maintenance, coercion or other crimes if they meet your requirements.
Consult this service ↗See FAQ ↗Can there be sexual assault in the marriage?
Yeah. Marriage or partnership does not substitute for free consent or exclude a crime against sexual freedom.
Spanish Criminal Code · art. 178
Consult this service ↗See FAQ ↗What documents help explain a situation of repeated violence?
A chronology, original messages, care reports, complaints, and previous resolutions can help identify episodes and tests, without artificially altering or completing their content.
Spanish Criminal Procedure Act · art. 299
Consult this service ↗See FAQ ↗Related case law
Spanish Constitutional Court
STC 41/2025: Dispensed to testify and couple
Alleged violation of the rights to a trial with all guarantees, to the ordinary judge predetermined by law and to the presumption of innocence: assessment of the testimony of ...
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STC 153/2023: Annulment and cassation incident
Violation of the right to effective judicial protection (access to legal remedy): inadmissibility of the incident of nullity of proceedings founded, immotivately, on the origin of the ...
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STC 78/2021: Criminal action after filing
Violation of the right to criminal legality: sentence imposed for failure to comply with a measure taken in a criminal proceeding that had been dropped....
Read moreFamily and successions
The other part of your situation.
In Matrimonialistas you will find information about related civil actions and claims.
Gender-based violence in Spain: protection and legal advice
Read transcript
If you fear for your safety, should you wait until you have collected every piece of evidence? No. In immediate danger in Spain, call one one two and find a safe place.
When you can safely seek advice, explain what happened and whether children or court measures are involved. Keep messages and medical records already available. Do not put yourself at risk to obtain documents or make contact that a court order prohibits.
Your lawyer reviews the facts, rights and possible protection measures. Those measures are not automatic: the competent authority decides whether the legal requirements are met. If you are under investigation, you need to understand the allegation and prepare your defence while complying with existing orders.
At penal.info, we consider each situation and its family-law connections. Bring complete court orders. Legal advice supports your next steps; it does not replace emergency assistance.
Book an appointment with María Morales at penal.info.