Domestic violence charges in Spain: what you need to know

The main offences

Assault on a partner (art. 153.1)

Causing psychological harm, a minor injury or hitting without injury a woman who is or was the man's wife or partner, even without living together, or a vulnerable person living with him: prison of six months to one year or community service of 31 to 80 days, and a ban on possessing weapons of one to three years.

Other family members (art. 153.2)

When the victim is another family member, such as a male partner, a child or a parent: prison of three months to one year or community service.

Threats and coercion (arts. 171.4 and 172.2)

Minor threats or coercion against a female partner or ex-partner: the same penalties as article 153.1.

Habitual abuse (art. 173.2)

Regular physical or psychological violence against a partner or family members: six months to three years, in addition to the penalty for each act.

Aggravating and mitigating rules

Penalties increase if the act takes place in front of children, with weapons, in the shared home or in breach of a restraining order. The judge can also impose a lower penalty in view of the circumstances.

Protection orders

The judge can issue a protection order at the first hearing: a ban on approaching or communicating with the partner, leaving the shared home and, where relevant, measures about children. Foreign couples on holiday may need separate accommodation and travel arrangements.

The procedure

Most cases go through a fast-track trial. The complainant can sometimes decline to give evidence against her partner, with exceptions, but the case can continue with other evidence: police officers, witnesses, medical reports and recordings.

How these cases are defended

The defence examines inconsistencies in the complainant's account, medical evidence, messages, witnesses and any motive for a false complaint. It can argue for the lower penalty for isolated incidents and against an automatic plea. A suspended sentence requires compliance with the restraining order and a re-education programme.

A practical example

A British couple argued loudly in a hotel in Alcúdia and staff called the police, who arrested the man. There were no injuries and the woman said there had been no assault. We rejected the plea deal at the duty court and, with the hotel staff's testimony that they had only heard shouting, the judge acquitted him. More in Spanish on our sister site: juicio rápido por violencia de género, and on the firm's main website: gender violence.