Domestic Violence Charges in Spain: What Foreigners Need to Know

Written by Javier Rincón Bernal & Manuel Rincón Bernal — Criminal Defence Lawyers · RINBER (25 years of practice)

Domestic violence (violencia de género or violencia doméstica) cases in Spain are handled by specialist courts and follow specific procedures that can be confusing for foreign nationals. Even a minor incident can result in arrest, automatic restraining orders, and serious criminal charges.

Violencia de Género vs. Violencia Doméstica

Spanish law makes an important distinction:

• Violencia de género — violence by a man against a woman who is or was his partner. Handled by specialist Juzgados de Violencia sobre la Mujer (JVM). Attracts enhanced sentences.
• Violencia doméstica — violence within a family unit (any combination of genders). Handled by ordinary criminal courts.

What Happens After an Arrest for Domestic Violence?

1. The accused is taken into custody and a hearing before the duty judge is scheduled within 72 hours.
2. The judge almost always imposes an automatic restraining order (orden de alejamiento) as a precautionary measure — even before any trial.
3. The accused cannot contact or approach the alleged victim for the duration specified.
4. Breaching a restraining order is a separate criminal offence carrying up to 1 year in prison (2 years if the original case involved domestic violence).

Can a Restraining Order Be Challenged?

Yes. A restraining order imposed as a precautionary measure can be challenged before the same court that imposed it or on appeal. Grounds include: no real risk of further harm, inconsistencies in the complainant’s statement, evidence of a false or exaggerated allegation.

Contact RINBER

Do not make any statements before speaking to a lawyer. Call RINBER on +34 627 467 042 — 24 hours, English-speaking defence available immediately.

Written by

Javier Rincón Bernal

Founding partner · Criminal defence lawyer · Member of the Málaga Bar (ICAMálaga) since 1999

Over 25 years of criminal defence. High-profile cases covered by TVE, Antena 3 and La Sexta, and appeals before the Supreme Court.

Full profile →