False Accusations in Domestic Violence: Defence

A false report of domestic violence is one of the most serious situations in the Spanish criminal system. Swift restraining orders, separation from children and social stigma make the consequences devastating even before the trial. Our criminal lawyers experienced in gender violence in Madrid can help you with this type of situation.

The procedural machinery in this area is designed for speed: specialised courts, fast-track hearings and immediate protective measures. That speed protects genuine victims, but it also means that a false or exaggerated report can produce drastic consequences within hours, long before anyone examines the evidence calmly. The defence has to move just as fast.

The Dynamics of False Accusations

They typically arise in: contested divorce or separation proceedings (for a tactical advantage in custody); revenge or an emotional conflict; genuine misunderstandings. Each scenario requires a different defence approach.

The distinction matters because the tone of the defence changes: a tactical report filed in the middle of a custody battle is fought with documents and timelines from the family proceedings, while a genuine misunderstanding — an argument overheard by neighbours, an ambiguous injury — is addressed by reconstructing the episode with objective evidence rather than by attributing bad faith to the complainant.

What Happens After the Report

The usual sequence is arrest or summons, a statement before the court and, within a very short time, a hearing on the restraining order. That first hearing is critical: the order is decided on preliminary information, and whether it is granted often shapes the rest of the case — where you can live, whether you see your children and how the prosecution perceives the file. Arriving at that hearing with a lawyer who already knows the case, and with whatever objective evidence can be gathered in time, is the single most important early move. While the case is alive, strict compliance with any order in force is non-negotiable: breaching it, even at the invitation of the complainant, creates a new and entirely avoidable problem.

Defence Strategy

(1) Immediate gathering of evidence: messages, calls, witnesses, medical reports; (2) challenging the restraining order; (3) a psychological expert report that questions credibility; (4) alibi evidence; (5) prepared cross-examination to highlight inconsistencies.

Each of these pieces serves a purpose: messages and call logs reconstruct the real dynamics of the relationship; the expert report addresses the credibility of the account rather than the character of the complainant; and alibi evidence, where it exists, must be corroborated by objective sources — locations, receipts, third parties — because an uncorroborated alibi rarely persuades anyone.

The Offence of False Accusation (Art. 456 CP)

Making a false accusation is an offence in Spain: 6 months to 2 years in prison. However, it is hard to prove: the original proceedings must end in an acquittal, and it must be shown that the report was knowingly false, not merely mistaken.

For that reason, the counter-complaint is the final chapter, never the opening move: announcing it prematurely can be read as pressure on the complainant and damage the main defence. The sensible sequence is to win the criminal case first, preserve every piece of evidence of the falsehood along the way, and only then assess the viability of proceedings for false accusation.