Domestic Violence Defence in Spain

Domestic Violence Law in Spain

Spain treats domestic violence and gender violence as a matter of serious public policy. The Ley Orgánica 1/2004 on comprehensive measures against gender violence created specific courts (Juzgados de Violencia sobre la Mujer) and established fast-track procedures that can result in arrest, detention, and restrictive measures within hours of an accusation.

If you are accused, a judge can order a restraining order (orden de alejamiento), prohibit contact with the complainant, order you to leave the family home, and potentially remand you in custody — all within 72 hours of arrest, and often based solely on the complainant’s statement.

Offences Under Spanish Law

• Violencia de género — violence by a male partner or ex-partner against a female partner or ex-partner (Articles 153, 171, 172 CP with gender violence aggravation)
• Violencia doméstica — violence within the family unit regardless of gender (Article 173.2 CP)
• Quebrantamiento de condena — breach of a restraining order or protection order (Article 468 CP)
• Lesiones — causing physical injury (Articles 147–150 CP)
• Amenazas / coacciones — threats and coercion (Articles 169–172 CP)

Your Defence Options

False accusations of domestic violence do occur, and the Spanish legal system’s fast-track approach means that the consequences of an accusation can be severe and immediate. Key defences include: demonstrating inconsistencies in the complainant’s testimony; presenting witness evidence; challenging medical reports; establishing an alibi; and presenting evidence of the complainant’s motivation to make a false accusation.

Even where some conduct did occur, we can argue for lesser charges, challenge aggravating circumstances, and present evidence of provocation or self-defence. Our priority from the moment of arrest is to prevent unnecessary detention and to protect your rights throughout the proceedings.