Blog category
Family & Domestic Violence
12 articles on family & domestic violence: penalties, case law and defense strategy. See the practice area →
Domestic Abuse in Spain: Art. 153 (Occasional) vs Art. 173.2 (Habitual)
Domestic abuse in Spain is not the offence of bodily harm: it is occasional abuse under Art. 153 CP or habitual abuse under Art. 173.2 CP. We explain the difference, the penalties and the defence, with full respect for the presumption of innocence.
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.
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.
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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