# Domestic Violence Charges in Spain: What Foreigners Need to Know

URL: https://lawyer.rinberabogados.com/domestic-violence-charges-spain-foreigners/
Updated: 2026-04-19
Firm: RINBER Criminal Lawyers Spain (Málaga, since 1999)

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?

- The accused is taken into custody and a hearing before the duty judge is scheduled within 72 hours.
- The judge almost always imposes an **automatic restraining order** (*orden de alejamiento*) as a precautionary measure — even before any trial.
- The accused cannot contact or approach the alleged victim for the duration specified.
- 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](tel:+34627467042) — 24 hours, English-speaking defence available immediately.