What a gender-violence case actually involves
Spanish Organic Law 1/2004 created specialist Violence Against Women courts to handle criminal and civil matters together whenever the victim is or was the defendant's partner. The most common offences are occasional abuse under article 153.1 (six months to a year in prison or community work, plus a firearms ban), minor threats and coercion under articles 171.4 and 172.2, and habitual violence under article 173.2, more serious, when a repeated pattern of abuse is proven.
On top of that sits an offence that comes up more often than people expect: breaching a sentence or protective measure under article 468. It catches anyone who breaches an existing restraining order, and it stands on its own, separate from the original offence: it is prosecuted even if the matter that triggered the order has already been settled.
What surprises almost everyonea restraining order does not lapse because the protected person resumes contact of her own will. The breach is still prosecuted, and it can send the person who approached her to prison even if she was the one who sought contact.
The clock: what happens, and when
These are the five real stages of the procedure. The second one, the seventy-two-hour hearing, decides the restraining order, custody and use of the home all at once, and it arrives before almost anyone has had time to speak calmly with a lawyer.
The decision: what to do depending on your position in the case
This procedure feels very different depending on which side you are on, and the urgent decisions differ too. At Bravo Advocats we represent the person reported, who needs a defence from the first statement, and we also represent the victim, who needs support to seek protection and to join the case as a private prosecutor.
If you are the person reported
- Do not contact the complainant under any circumstances, even if she seeks you out: a breach does not depend on who made the first move.
- Prepare for the 72-hour hearing in advance if there is time: it is where the restraining order and provisional custody are decided.
- Gather any evidence in your favour (messages, witnesses, location data) before it disappears.
- Do not give a statement without a lawyer present, either to the police or to the court.
If you need protection
- You can request the protection order at the police station when you report it, or directly at the court.
- You are entitled to free specialist legal assistance from the very first moment, or you can appoint a lawyer of your choice.
- Joining the case as a private prosecutor lets you seek compensation and put forward your own evidence, alongside the public prosecutor's.
- Civil measures (custody, contact, the home) are requested at the same 72-hour hearing, without opening a separate case.
What we do, and when
This is the actual work, not a statement of intent:
Before the 72-hour hearing. If there is time, we review the police report and prepare the statement or the request for measures, depending on which side we are on.
Attendance at the hearing. It is the hearing that decides the restraining order, custody and use of the home: being well prepared for it matters more than at almost any other stage.
Private prosecution or defence during the investigation. We put forward evidence, review the forensic report and monitor compliance, or breaches, of the measures ordered.
Trial preparation. We work on the article 416 opt-out where relevant, witness and expert evidence, and the indictment or defence submissions.
Ongoing follow-up. If an existing measure is breached, we act immediately: it is a separate offence and the deadlines are short.
On outcomesno lawyer can tell you in advance what a court will decide, and anyone who does is selling you something. What we can give you before the hearing is the full map of scenarios and what depends on you in each one.
Fees and how to start
A first criminal-law consultation costs €150, VAT included, and covers a review of the documents and an explanation of where the case stands. There is no file-opening charge and no fee for calling to ask the price. The detail is on our consultations and fees page.
If a hearing is listed for tomorrow or someone is in custody, call the urgent line: +34 638 88 64 33, with telephone assistance 24 hours a day for criminal emergencies. Any intervention is subject to availability, conflict-of-interest checks and acceptance of the instruction.
Where we see youRambla Just Oliveras, 64, mezzanine 1, 08901 L'Hospitalet de Llobregat. 32 metres from the L1 metro and 117 from the Renfe station. In person Monday to Thursday 9 am to 6 pm and Friday 9 am to 2 pm.
Frequently asked questions
What happens if the victim does not testify at trial?
Article 416 of the Criminal Procedure Act lets anyone who is or was the defendant's partner opt out of testifying. If that testimony is the only evidence, the case usually ends in acquittal; if there is a medical report, witnesses or messages backing up the facts, the case can still go ahead.
Can I contact my partner if there is a restraining order, even if she wants me to?
No. Breaching a restraining order is a separate offence under article 468 of the Criminal Code, and it is prosecuted even when the contact or the resumed relationship is voluntary and agreed by both sides.
What is the seventy-two-hour protective-measures hearing?
It is the hearing under article 544 ter of the Criminal Procedure Act at which the specialist court decides, within a maximum of seventy-two hours of the complaint, whether to grant a protection order combining criminal measures —a restraining order— and civil measures —custody, contact arrangements, use of the family home.
Can child custody be decided within the same criminal case?
Yes. When there is a gender-violence complaint, the specialist court also takes on the civil matters —custody, contact, use of the home, maintenance— if no family proceedings were already open, and can rule on them within the first thirty days.
Read on
Do you have a hearing coming up?
The sooner we talk, the more time we have to prepare for the 72-hour hearing. The fee is published on our fees page.