Domestic Violence Defence in Spain

Reviewed by Javier Rincón Bernal, member of the Málaga Bar (ICAMálaga) since 1999. Last updated 25 October 2026.

Criminal Defence Spain

Domestic Violence Defence in Spain

Accused of domestic violence or gender violence in Spain? You need immediate legal representation. Call RINBER now: +34 627 467 042. We respond 24 hours a day.

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.

Penalties: what the Spanish Penal Code provides

The penalty depends on the offence charged. These are the main ones in domestic and gender violence cases (check the current text in the Spanish Penal Code on the BOE):

• One-off assault or minor injury against a female partner or ex-partner (Article 153.1 CP): prison from six months to one year, or community service of 31 to 80 days, plus a ban on owning or carrying weapons for one year and a day to three years.
• The same conduct against other family members (Article 153.2 CP): prison from three months to one year, or community service of 31 to 80 days, plus the weapons ban.
• Both penalties are imposed in their upper half if the offence happens in front of children, with weapons, in the shared home or the victim’s home, or in breach of a restraining order (Article 153.3 CP).
• Habitual violence (Article 173.2 CP): prison from six months to three years and a weapons ban of three to five years, on top of the penalty for each individual act.
• Restraining order: in these offences a conviction always carries a ban on approaching the victim (Articles 57.2 and 48.2 CP). It also suspends any visiting arrangements with children for as long as the ban lasts.

What happens after an arrest

Most cases start with a police report and an arrest. You must be released or brought before a judge within 72 hours. The case goes to the Juzgado de Violencia sobre la Mujer (or the duty court out of hours), which can decide a protection order the same day: a restraining order, a ban on contact, leaving the family home and temporary arrangements for the children. Many cases are processed as a fast-track trial (juicio rápido) and can end with a plea agreement within days, so get advice before you accept anything.

A conviction gives you a criminal record, which can matter later for residence permits, nationality applications and some jobs. If you are a foreign national, read also our guide on domestic violence charges for foreigners.

Last updated: 25 October 2026.

Frequently Asked Questions

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.

Can a false accusation of domestic violence in Spain be challenged?

Yes. False allegations do occur and RINBER Abogados have successfully defended clients where the accusation was motivated by custody disputes, immigration applications, or personal grievances. Evidence such as witness testimony, communications records and prior behaviour can be critical. Seek legal advice immediately.

What should I do if charged with domestic violence in Spain?

Do not attempt to contact the complainant — this can constitute a separate offence of breaching a restraining order, even before a court order has been made. Seek specialist legal advice immediately. RINBER Abogados regularly defend clients charged with domestic violence in Spain, including expats and foreigners who are unfamiliar with the Spanish legal system and the speed at which these cases proceed.

What are the penalties for domestic violence in Spain?

Domestic violence in Spain typically carries 6 months to 1 year imprisonment for basic offences, or community service and restraining orders for first-time offences with no serious injury. Aggravated cases involving weapons, serious injury, or presence of minors carry higher sentences. A conviction automatically triggers an exclusion order from the family home and a restraining order prohibiting contact.

What constitutes domestic violence under Spanish law?

Spanish law (Ley Orgánica 1/2004) defines domestic violence broadly to include physical, psychological, economic and sexual abuse within intimate partner relationships, even without a prior history of abuse. A single incident can result in criminal charges. The law creates an automatic presumption in favour of the complainant, making specialist defence crucial.

Related Legal Guides

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

English-speaking defence from the first minute of arrest

Arrest does not wait. Do not make any statement to the police without your lawyer. Call us first.

01

Call us

Call +34 627 467 042. Available 24 hours, English-speaking. We answer immediately.

02

We arrive

We attend the police station or court of instruction before any statement is taken.

03

We defend

We activate the defence strategy from the first second of the detention.

Related guides: Criminal Domestic Violence Lawyer Spain · Assault Charges in Spain