Criminal Lawyers for Family Crimes

Family crimes constitute a procedural category of enormous technical and human complexity, where criminal and civil family jurisdiction intertwine. The Spanish system distinguishes three major blocks: gender-based violence (Organic Law 1/2004 on Comprehensive Protection against Gender Violence, with its specialised courts, now the Violence against Women Sections of the Courts of Instance, and the VioGén system); domestic violence (Arts. 153.2, 173.2 and 153.3 CP), covering assaults between relatives or cohabitants and partner violence that is not gender-based; and crimes against family relations (Title XII of Book II of the CP, Arts. 217-233), comprising child abduction, family abandonment, non-payment of support and illegal marriages. Supreme Court doctrine has consolidated the multi-offensive nature of these types: they protect both physical and psychic integrity and the freedom, dignity and indemnity of family unit members.

The commission modalities are numerous. Habitual violence (Art. 173.2 CP) sanctions the habitual exercise of physical or psychological violence against a spouse or partner, current or former, ascendants, descendants, siblings and other members of the household. Mistreatment (Art. 153 CP) punishes minor injuries in family contexts. Minor threats and minor coercion in the gender-based and domestic violence context (Arts. 171.4-5 and 172.2 CP) constitute specific aggravated types. Breach of measures or sentence (Art. 468 CP) sanctions the violation of restraining orders, communication bans and other penalties or precautionary measures. Child abduction (Art. 225 bis CP) typifies the illicit removal by a parent without the other's consent or judicial authorization, particularly serious in its transnational modalities (1980 Hague Convention). Non-payment of support (Art. 227 CP) punishes non-payment for two consecutive or four non-consecutive months. Child-to-parent violence and assaults on minors complete the catalogue.

The statutory penalties and their collateral consequences are severe. Habitual violence carries 6 months to 3 years' prison; the mistreatment of Art. 153 CP, 6 months to 1 year (153.1) or 3 months to 1 year (153.2), with community service as an alternative; threats and minor coercion in gender violence, up to 1 year. Child abduction, 2 to 4 years' prison and special disqualification from parental authority of 4 to 10 years. Non-payment of support, 3 months to 1 year in prison or a fine of 6 to 24 months. Breach of measures, 6 months to 1 year in prison. Added to these are the precautionary measures the judge may order: restraining order (Art. 544 bis LECrim), communication prohibition, family home use attribution, suspension of visitation regime, precautionary suspension of parental authority, weapons withdrawal, electronic device (bracelet). After conviction, special disqualification from parental authority, which the judge may impose where it is appropriate in the child's interest, can be devastating; Organic Law 8/2021 made deprivation mandatory only in the homicide or murder of the other parent or of a child (Art. 140 bis.2 CP).

The technical defence rests on four consolidated axes. First, immediate assistance to the detainee: the first police statement determines the course of the procedure; legal presence and prior client preparation are crucial to avoid self-incriminating statements. Second, technical opposition to precautionary measures: protection orders issued at first appearance must be opposed with documentary evidence (medical reports, integral messaging, witnesses) when not responding to real risk, avoiding expulsion from the home and loss of contact with children. Third, preservation and challenge of digital evidence: forensic dump of WhatsApp, social media, geolocation and psychological expert evidence enable reconstructing the real relationship context and dismantling instrumental complaints (whose falseness may give rise to the crime of Art. 456 CP). Fourth, dual criminal-civil coordination: a poorly managed precautionary measure in the criminal phase can irreversibly destroy the client's rights over children, housing and assets in civil proceedings.

In current forensic practice, family proceedings have intensified significantly. The Istanbul Convention (2011), Organic Law 1/2004 on Gender Violence, Organic Law 8/2021 on Comprehensive Protection of Childhood and Adolescence, Organic Law 10/2022 on Sexual Freedom, Act 4/2023 on Trans and LGBTQ+ Rights, Organic Law 1/2025 on Justice Service Efficiency, and the specialized Court protocols (VioGén, Family Courts, Juvenile Prosecutor) configure a robust regulatory framework with a strong protectionist component. At Alonso Sala, with more than 15 years of experience, we approach each case with an immediate action protocol: assistance to the detainee at the police station, technical opposition to precautionary measures, psychological expert evidence when relevant, coordination with the civil family procedure and, in instrumental complaints, systematic dismantling through digital evidence. We address gender-based violence, domestic violence, family threats, coercion, child abduction and non-payment of support.

Family crimes are primarily regulated in Title XII of the Criminal Code (Crimes against family relations), which includes child abduction (Art. 225 bis), family abandonment and non-payment of support (Arts. 226-227), and illegal marriages (Arts. 217-218). Added to these are Arts. 153 (mistreatment) and 173.2 (habitual violence) and, in its procedural dimension, LO 1/2004 on Gender Violence, which created specialised Violence against Women Courts (now the Violence against Women Sections of the Courts of Instance, after Organic Law 1/2025) with jurisdiction to investigate offences committed by men against women who are or were their partners (trial is held by the Criminal Section or the Provincial Court, except for minor offences and judgments by agreement).

The complexity lies in the connection between criminal and civil jurisdiction: a protection order issued during the investigation phase may, at the victim's request (or the prosecutor's, where there are minor children), allocate the family home, set provisional custody of the children and fix child support; these measures last 30 days and remain in force for a further 30 days from the claim if family proceedings are brought within that period (Art. 544 ter.7 LECrim). Therefore, the criminal defence strategy must always anticipate civil consequences and, vice versa, the client's civil claims must inform the criminal tactic.

At Alonso Sala, every family violence case is addressed with an immediate action protocol. From the first call, we activate a specialized team that assists the detainee at the police station to prevent self-incriminating statements. At the first judicial hearing, we technically oppose excessive precautionary measures (restraining orders, custody suspension) when not justified by actual risk.

Our strategy combines active criminal defence with civil groundwork: if we manage to prevent a protection order, the client maintains intact rights over housing and children. If an order is already in place, we work for its modification or lifting as soon as circumstances allow. In cases of instrumental complaints, our experience in threat crimes and coercion enables us to identify and dismantle fabricated narratives.