Criminal Domestic Violence Lawyer in Spain: Your Defence Rights Explained

Facing a domestic violence charge in Spain is one of the most serious situations you can face. Spanish law moves fast — protective orders, pre-trial detention and travel bans can be imposed within hours of a complaint. Getting specialist criminal defence advice immediately is not optional; it is essential.

RINBER Abogados Penalistas has defended clients across Spain in domestic violence criminal proceedings for over 25 years. We understand both the Spanish criminal procedure and the specific difficulties faced by foreign nationals charged under the Organic Law on Gender Violence (LO 1/2004) or the broader domestic violence provisions of the Spanish Penal Code.

What Spanish law says about domestic violence charges

Spain distinguishes between violencia de género (gender violence, against a female intimate partner) and violencia doméstica (domestic violence against any family member). Both carry serious criminal consequences.

• Article 153 CP: causing physical or psychological injury to a partner or former partner — up to 1 year imprisonment, plus a restraining order.
• Article 173.2 CP: habitual physical or psychological violence in the household — 6 months to 3 years imprisonment.
• Articles 147–150 CP: injuries of varying severity — from 3 months to 12 years depending on outcomes.
• Article 171 CP: threats against a partner or former partner — up to 1 year imprisonment.
• Article 172 CP: coercion — up to 1 year imprisonment, aggravated when the victim is a partner.

Conviction almost always includes a restraining order (orden de alejamiento), prohibition of contact, and in serious cases removal of parental rights or authority.

How Spanish domestic violence proceedings unfold

Speed is the defining feature of these cases. Here is what typically happens after a complaint is filed:

• Immediate arrest or voluntary attendance: Police may arrest the accused on the spot or summon them to the station. You have the right to remain silent and to consult a lawyer before any statement.
• Fast-track court hearing (juicio rápido): Most cases go to a specialised Violence Against Women Court (Juzgado de Violencia sobre la Mujer) within 72 hours. The judge can impose precautionary measures before any trial.
• Precautionary measures: A temporary restraining order may require you to leave the shared home immediately and prohibit all contact with the complainant.
• Full trial: If not resolved at the fast-track hearing, the case proceeds to a full oral hearing before the specialist court or the Provincial Court, depending on severity.
• Appeal: Convictions can be appealed to the Provincial Court and, in serious cases, to the Supreme Court.

Which courts handle domestic violence cases in Spain

Spain has a network of specialist courts for domestic and gender violence that operate separately from ordinary criminal courts:

• Juzgados de Violencia sobre la Mujer (JVM): handle gender violence cases exclusively, present in Malaga, Madrid, Barcelona, Seville and most provincial capitals.
• Ordinary criminal courts: handle non-gender domestic violence (e.g. violence against children, parents or siblings).
• Audiencia Provincial: hears serious domestic violence cases and all appeals from first-instance courts.
• Specialised domestic violence prosecutors: every Spanish province has a dedicated prosecutor who often maintains charges even when the complainant withdraws.

Key defence strategies in Spanish domestic violence cases

Being accused does not mean being convicted. Effective criminal defence typically explores several lines of argument:

• Challenging the evidence: Many cases rest on the complainant’s testimony alone. Inconsistencies, contradictory witnesses and absence of medical documentation are all grounds for acquittal.
• False or exaggerated complaint: Spanish courts recognise that complaints can be motivated by custody disputes, immigration status or property conflicts. Documentary evidence can demonstrate this context.
• Self-defence (Article 20.4 CP): Proportionate self-defence is a complete exemption from criminal liability.
• Withdrawal of charges: When the complainant withdraws, the procedural and evidentiary consequences can still significantly favour the defence, even if prosecutors continue.
• Challenging the restraining order: Precautionary measures can be challenged at any stage; an experienced lawyer can apply to modify or lift a disproportionate order.

Why you need a specialist criminal defence lawyer immediately

The single most important thing you can do after being accused of domestic violence in Spain is to instruct a specialist criminal defence lawyer before making any statement to the police or court. Anything said without legal advice can and will be used against you.

RINBER Abogados Penalistas offers emergency 24/7 defence across Spain. Our lawyers attend police stations and court hearings at short notice anywhere in Spain. We handle cases in Spanish and English. Call us now on +34 627 467 043 or WhatsApp: wa.me/34627467043.

Can I be convicted on the complainant’s word alone in Spain?

Spanish courts can convict on a single witness’s testimony, but only if it meets strict criteria of credibility, absence of motive to lie, and internal consistency. An experienced defence lawyer will scrutinise the complainant’s account at every stage and present counter-evidence that creates reasonable doubt.

What happens if the complainant wants to drop the charges?

In gender violence cases (LO 1/2004), the public prosecutor can — and routinely does — continue proceedings even after the complainant withdraws. However, withdrawal is an important factor courts consider, particularly for precautionary measures and sentence. Your lawyer can use it strategically.

Will I have to leave my home after a domestic violence complaint?

A judge can order you to leave the shared home within hours of a complaint. The order is provisional and can be challenged. RINBER can apply urgently to modify or lift a disproportionate restraining order, especially in cases involving shared children.

Can a foreign national get a fair trial in a Spanish domestic violence case?

Yes. Foreign nationals have additional procedural rights including the right to an interpreter at all stages. RINBER’s lawyers handle cases in English and have extensive experience representing foreign nationals before Spanish criminal courts, including cases involving international custody disputes and immigration consequences.