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Family & Domestic Violence

16 articles on family & domestic violence: penalties, case law and defence strategy. See the practice area →

Gender Violence

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.

3 September 2026
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Gender Violence

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.

3 September 2026
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Gender Violence

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.

23 June 2026
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Family Offences

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.

20 June 2026
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Procedural Law

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.

12 June 2026
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Police Custody

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.

4 June 2026
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Gender Violence

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.

20 May 2026
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Restraining Order

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.

14 May 2026
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Bigamy

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.

14 May 2026
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Restraining Order

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.

14 May 2026
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gender violence

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.

29 April 2026
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Family Offences

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.

27 February 2026
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False Accusation

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.

26 February 2026
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Restraining Order

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.

15 February 2026
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Gender Violence

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.

5 February 2026
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Domestic Violence

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…

1 February 2026
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