Crimes against Family Rights & Duties
Comprehensive assistance in crimes of non-payment of pension, family abandonment, child abduction, and breach of custody duties.
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Crimes against Family Rights & Duties
Comprehensive assistance in crimes of non-payment of pension, family abandonment, child abduction, and breach of custody duties.
Family Crimes in Spain: Domestic Violence, Child Abduction & Coercion — Defence Guide
Family crimes in Spanish criminal law encompass domestic violence and habitual abuse (Art. 153, 173.2 CP), child abduction by a parent (Art. 225 bis CP), breach of family obligations (Art. 226-227 CP), and gender-based violence (LO 1/2004). These cases are heard by specialised Violence Against Women Courts (Juzgados de Violencia sobre la Mujer) and require defence strategies that address both the criminal proceedings and the parallel family law implications.
Penalty Table: Family Crimes
| Offence | Article | Description | Penalty |
|---|---|---|---|
| Habitual domestic abuse | Art. 173.2 | Repeated physical or psychological violence in family | 6 months – 3 years |
| Assault spouse/partner | Art. 153.1 | Single act of violence against intimate partner | 6 months – 1 year |
| Child abduction by parent | Art. 225 bis | Removing child from custodial parent or jurisdiction | 2 – 4 years prison |
| Failure to pay child support | Art. 227 | Non-payment of court-ordered maintenance for 2+ months | 3 months – 1 year |
| Child-to-parent violence | Art. 153.2 | Minor's violence against parents or ascendants | 3 months – 1 year |
| Breach of restraining order | Art. 468 | Violating court-imposed protection measures | 6 months – 1 year |
Key Defence Strategies
Mutual Aggression Defence
If both parties engaged in violence, the defence may argue mutual aggression, which can reclassify the offence. However, in gender-violence cases (male→female partner), this defence is heavily scrutinised under LO 1/2004.
False Accusation Defence
In custody disputes, accusations of domestic violence may be strategically motivated. The defence examines inconsistencies in testimony, delayed reporting, and contradictions with objective evidence (medical reports, witness statements).
Lack of Habituality
Art. 173.2 requires habitual abuse — a pattern of repeated acts. Isolated incidents may only constitute the lesser offence of Art. 153. The defence must demonstrate that the alleged pattern lacks the consistency or frequency required.
Consent to Contact (Breach of Order)
In breach of restraining order cases, if the protected person voluntarily initiated contact, this may negate the mens rea of the accused. The Supreme Court has accepted this defence in specific circumstances.
Key Case Law
The Supreme Court clarified that habituality requires at least three acts of violence, though they need not result in separate convictions. The 'climate of violence' is assessed as a whole, considering frequency, proximity in time and the overall atmosphere of fear.
The Court held that mutual violence does not automatically exclude gender-based violence classification. If the victim's response was reactive self-defence, the aggressor cannot benefit from reclassification. Context and asymmetry of power are key factors.
In parental abduction cases involving cross-border elements, the Court applied the 1980 Hague Convention, ordering the child's return. The 'grave risk' exception (Art. 13.b) requires concrete evidence of danger, not merely allegations.
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