Arrested for Gender Violence: The First 24 Hours
In this article
Key Takeaways
- At the police station: silence and a lawyer (art. 520 LECrim)
- Protection order: arts. 544 ter and 544 bis LECrim
- Contacting your partner = breach of a court order (art. 468 CP)
- Maximum detention: 72 hours
If you are arrested for gender violence, you have the art. 520 LECrim rights: remain silent, consult a lawyer before any statement. A protection or restraining order (arts. 544 ter/bis LECrim) may follow, often through a fast-track trial before the Violence against Women Section. Never contact your partner once a no-contact order applies: doing so is a fresh offence of breaching a court order (art. 468 CP).
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An arrest for gender violence is one of the most distressing situations a person can go through, and the decisions made in the first hours shape the rest of the proceedings. This guide explains, from the perspective of the detainee, what happens at the police station, what a protection order is, how the fast-track trial works, and — above all — the mistake you must never make. For the general detail of the lawyer's role you can also read what your lawyer does in the first 72 hours of detention.
At the police station: your rights (art. 520 LECrim)
From the moment of arrest, you have the rights under art. 520 LECrim:
- Remain silent and not testify against yourself.
- Appoint a lawyer and have a private consultation with them before making a statement.
- Be informed of the facts attributed to you.
- Have your detention communicated to a family member, and receive medical and interpreter assistance if needed.
The golden rule: do not make a statement without first speaking alone with your lawyer. In the heat of the moment, without knowing what is in the police report, any explanation can be used against you.
The protection order and provisional restraining measures
In parallel with the arrest, the court can order a protection order (art. 544 ter LECrim), which is decided at an urgent hearing and can include criminal measures — a restraining order and a ban on contact with the victim — as well as civil ones (use of the home, arrangements for the children). A provisional restraining order can likewise be imposed as a precautionary measure under art. 544 bis LECrim. From the moment they are notified, these measures must be complied with immediately.
Mistake number one: contacting your partner
⚠️ Zero contact
Once a ban on approaching or contacting the victim has been imposed, any contact is a further offence of breaching a court order (art. 468 CP), even if it is her who calls you, writes to you, or seeks you out. Consent from the protected person does not provide an exemption: only the judge can lift the measure.
This is the most common and most serious mistake. After the arrest, many couples reconcile or want to clear things up, and a simple message — even an emoji or a reply to a message from her — becomes a second criminal case that makes the situation far worse. Practical rule for the entire duration of the measure: no calls, no messages, no contact through third parties. If she is the one who writes to you, do not reply, keep the screenshot, and inform your lawyer. You can read more on what counts as breaching a restraining order.
The fast-track trial before the Violence against Women Section of the Court of Instance
Many gender violence cases are handled as a fast-track trial (arts. 795-803 LECrim) before the Violence against Women Section of the Court of Instance, given how often they are flagrant and straightforward to investigate. Within that framework a plea agreement may be offered, with the corresponding reduction in sentence, but acknowledging the facts is irreversible: the decision must be made with your lawyer after assessing the evidence, never out of a wish to "get it over with".
What your lawyer does in the first hours
- Attends the police station and holds a private consultation with you before the statement.
- Informs you of what is being investigated and decides with you whether to make a statement or remain silent.
- Watches over respect for your rights and the maximum detention period.
- Assists you at the hearing for the protection order and opposes or qualifies the measures being sought.
- Prepares the strategy for a possible fast-track trial and assesses, where appropriate, a plea agreement.
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Frequently asked questions
What rights do I have if I am arrested for gender violence?
Those under art. 520 LECrim: to remain silent and not testify against yourself, to appoint a lawyer and have a private consultation with them before making a statement, to be informed of the facts attributed to you, to have your detention communicated to a family member, and to receive interpreter and medical assistance. These rights apply from the very first moment of the arrest.
How long can I be held in detention?
Detention cannot last longer than strictly necessary and, at most, 72 hours (art. 17.2 of the Constitution), after which you must be released or brought before the judicial authority. In gender violence cases, the move to court is usually quick, because many are handled as a fast-track trial.
What is a protection order and when is it imposed?
It is a court order that, in gender violence cases, can urgently impose a restraining order and a ban on contact with the victim, as well as civil measures (art. 544 ter LECrim). It is decided at a court hearing. Precautionary restraining measures can also be ordered under art. 544 bis LECrim. From the moment they are notified, they must be complied with.
Can I speak to my partner if she is the one calling me?
No. Once a ban on approaching or contacting has been imposed, all contact is an offence of breaching a court order (art. 468 CP), even if it is her who seeks you out or consents to the contact. Under settled Supreme Court case law, consent from the protected person does not provide an exemption: only the judge who ordered the measure can modify or lift it.
Is it resolved through a fast-track trial?
Often, yes. Many gender violence cases meet the requirements for a fast-track trial (arts. 795-803 LECrim) and are tried swiftly before the Violence against Women Section of the Court of Instance. Within that framework a plea agreement may be put forward, a decision that must be assessed with your lawyer before acknowledging anything.
What does my lawyer do in the first hours?
They attend the police station, hold a private consultation with you before the statement, inform you of what is being investigated, and decide with you whether to make a statement or remain silent. They watch over respect for your rights and the detention time limit, assist you at the protection order hearing, and prepare the strategy for a possible fast-track trial.
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This page is for information purposes only and does not constitute legal advice: every case requires individual assessment. How this content is produced and verified: editorial policy.