Accused of Gender Violence in Spain: What to Do

Being reported for gender violence by your own partner or ex-partner creates a situation of enormous tension and, often, hasty decisions that make the problem worse. This guide is written from the perspective of the person accused, with a practical aim: to explain what to do in the first hours, what mistakes to avoid, and how the defence is put together, always with respect for the seriousness of the matter and for the presumption of innocence.

You have been reported: what to do as soon as you find out

The first steps are decisive:

• Do not make a statement without a lawyer. You have the right to remain silent and not to testify against yourself (art. 520 LECrim).
• Do not contact the person who has reported you, by any means or through third parties. This is the most serious mistake.
• Do not delete or edit conversations. Keep them intact, with their context before and after.
• Contact a criminal defence lawyer immediately. In these cases the first statement is often taken within hours.

The mistake of making contact: breaching a court order

This is worth stressing because it is the most frequent cause of a case getting worse: if a restraining or protection order has been issued, any contact with the person who reported you constitutes an offence of breaching a court order (art. 468 CP). And this applies even if it is her who seeks you out or agrees to the meeting: the measure is imposed by the judge, not the parties, and it cannot be lifted by private agreement. A single message "to clear things up" can turn a debatable case into a certain conviction for breaching the order. All communication should go through the lawyers.

The protection order and precautionary measures

Where there are indications of an offence and a situation of risk, the court can issue a protection order (art. 544 ter LECrim) with a ban on approaching and contacting the other person (art. 544 bis LECrim) and, where appropriate, provisional civil measures. All of this is decided at an urgent hearing at which your defence can and should intervene, providing context and challenging whether risk actually exists.

The gender violence court and the fast-track trial

These cases are investigated by a specialised body (the Violence against Women Section of the Court of Instance, formerly the Juzgado de Violencia sobre la Mujer, following LO 1/2025) and are often handled as a fast-track trial. Depending on the facts, the classification may fall under occasional ill-treatment or injuries under art. 153 CP, threats under art. 171.4, coercion under art. 172.2, or habitual ill-treatment under art. 173.2 CP. The speed of the procedure makes it essential for the defence to be prepared from the first hearing, both for the statement and for the hearing on precautionary measures.

Presumption of innocence and dismissal

The presumption of innocence applies. When there are not enough grounds, when the evidence amounts to no more than contradictory accounts with no supporting material, or when the facts do not constitute an offence, the proceedings can be dismissed, and an acquittal at trial is possible if the prosecution fails to prove the facts. An early, technical defence, one that establishes the evidential context rigorously and without improvised statements, is the best route to that outcome. Our firm handles the criminal defence in gender violence cases.