Blog category
Family & Domestic Violence
17 articles on family & domestic violence: penalties, case law and defence strategy. See the practice area →
Is It a Crime to Smack Your Child in Spain? The Right of Correction and Art. 153 CP
Hitting a child, even without leaving a mark, can be the offence in Art. 153.2 CP. What changed in 2007, the penalties, and what it means for custody, contact and foreign families in Spain.
Accused of Gender Violence in Spain: What to Do
Your partner or ex-partner has reported you for gender violence: what to do, the mistake of contacting her, the protection order, the Violence against Women Section, and the fast-track trial.
Arrested for Gender Violence: The First 24 Hours
Arrested for gender violence: your rights at the police station (art. 520 LECrim), the protection order, the fast-track trial, and the mistake of contacting your partner.
Domestic Abuse in Spain: Art. 153 (Occasional) vs Art. 173.2 (Habitual)
Habitual abuse under Art. 173.2 CP carries six months to three years in prison; occasional abuse under Art. 153 CP, up to one year. What habituality means and what a conviction entails in Spain.
Parental Child Abduction in Spain: Art. 225 bis CP and How It Is Defended
Art. 225 bis CP punishes a parent who abducts their own child with 2 to 4 years in prison. We explain removal, retention, the restitution exemption and defence.
The Article 416 LECrim Exemption Explained: When a Relative May Refuse to Testify
What the Article 416 LECrim exemption is, who can rely on it, its five exceptions and what happens if you report and later choose to stay silent.
Is a Complaint Enough to Arrest? Gender Violence and Sexual Assault
When can police arrest after a complaint of gender violence or sexual assault? Evidence, purpose, proportionality and why a complaint alone is not enough.
Vicarious Violence: What It Is and How Criminal Law Addresses It
Vicarious violence is violence exerted against children or other loved ones to harm the woman.
Appealing a Restraining Order in Spain: Deadlines and Arguments (2026)
Appealing a restraining order in Spain: deadlines (3 days for the reversal appeal, 5 for the appeal), routes and arguments that work.
Bigamy and Illegal Marriages (Art. 217 CP) in Spain: Criminal Defence
Bigamy is still an offence in Spain (Art. 217 CP) with penalties of up to 1 year in prison.
Extending a Restraining Order in Spain: What Can and Cannot Be Prolonged
What can be prolonged in a Spanish restraining order (the interim measure, not the final penalty), maximum terms under Art. 57 CP, concurrent service with prison and the VioGén report.
STS 308/2026: the Supreme Court's manual for judging gender violence
Judgment 308/2026, of 29 April, systematises in three blocks (28+7+7) the criteria for judging gender and sexual violence with a gender perspective.
Family Abandonment in Spain: Criminal Consequences of Non-Payment of Maintenance
Not paying the maintenance set in a divorce judgment is not just a civil debt; it can constitute an offence of family abandonment punishable by prison.
False Accusations in Domestic Violence: Defence
Being falsely accused of domestic or gender violence has devastating consequences. The defence strategy, the key evidence and the offence of false accusation.
Restraining Orders in Spain: Complete Guide 2026
Have you been issued a restraining order? We explain how long it lasts, what happens if you violate it, how to modify it, and the steps to lift it.
Gender Violence Defence: Strategies Against False Accusations
Gender violence in Spain: defence strategies, how to handle false accusations, and your rights as the accused. Practical guide from criminal lawyers.
The Offence of Domestic Violence: A Legal Guide to Art. 173.2 CP
Understanding the offence of domestic violence: the differences from gender violence, the concept of 'habituality' and the criminal consequences for the…
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