Legally reviewed on 11 October 2026
By Javier Sanz, lawyer, ICALI 8620
Myths about gender-based violence can discourage victims from seeking help and can also distort expectations about criminal proceedings. Spanish courts do not decide cases from slogans. They examine the alleged facts, the relationship between the parties, admissible evidence and the applicable law.
The expression violencia de género also has a precise legal scope in Spain: violence by a man against a woman who is or has been his spouse or intimate partner, even without cohabitation. Other forms of partner or family violence may fall within different provisions.
Myth: gender-based violence is only physical
Reality: Spanish law is not limited to hitting or visible injury. Depending on the conduct, it can include psychological violence, threats, coercion, harassment and offences against sexual freedom. Control of money, communications or movement may also be relevant to the context and to risk, although the criminal classification always depends on the specific acts proved.
A person does not need to wait for serious physical injury before asking for information. If there is immediate danger, call 112.
Myth: it is not abuse if the couple never lived together
Reality: cohabitation is not required for the relationship to fall within Article 1 of Organic Law 1/2004. The framework can apply to a former relationship and to an analogous intimate relationship without a shared home.
Whether a relationship meets the legal test can still require factual assessment. Labels such as “friend”, “casual partner” or “ex” are not always conclusive; the court examines the actual nature of the connection.
Myth: alcohol or stress causes the violence
Reality: alcohol, drugs or acute stress can increase risk or severity in some cases, but they do not excuse a decision to threaten, control or assault someone. Many people experience stress or use alcohol without becoming violent. Treatment for substance use may be important, but it is not a substitute for victim safety or legal accountability.
Myth: a victim who stays or returns cannot be afraid
Reality: leaving can be complicated and dangerous. A person may be concerned about children, housing, money, immigration status, disability, pets or retaliation. Abuse can alternate with apologies, calm periods and promises of change. That pattern is sometimes described as the cycle of abuse, although not every relationship follows the same sequence.
Returning to a relationship does not prove that earlier events did not happen. Nor does delay in reporting automatically determine credibility. Courts must assess the explanation and the evidence in its full context.
Myth: a complaint means automatic conviction
Reality: a complaint starts or contributes to an investigation; it is not a finding of guilt. The accused has the presumption of innocence and the right to legal assistance, to know the allegation, to remain silent and to challenge evidence. A conviction requires evidence assessed by a court under criminal procedure.
Urgent protective measures may be imposed before trial where the legal conditions are met. These are precautionary measures directed at safety and the integrity of proceedings, not a final sentence.
Myth: dismissal or acquittal proves the complaint was false
Reality: a case can be dismissed or end in acquittal because the evidence is insufficient for criminal conviction. A legally false accusation under Article 456 of the Criminal Code requires its own elements, including knowledge of falsity or reckless disregard for the truth. Our article on false allegations and official data explains the distinction.
Myth: only Spanish nationals can obtain help
Reality: core victim rights and emergency assistance are not reserved to Spanish nationals. A foreign national can report an offence and request an interpreter where required. The legal consequences for immigration status and the documentation available depend on individual circumstances, so prompt specialist advice is sensible.
Myth: family mediation is always the best solution
Reality: mediation is not an appropriate universal response to violence. Spanish legislation excludes mediation and conciliation in specified sexual and gender-based violence contexts. Where criminal proceedings or protective orders exist, informal negotiation can also create safety and legal risks.
Questions about children, the home or communication should be handled through the lawyer and court route appropriate to the case. Any no-contact or protection order must be followed exactly.
Reliable help matters more than stereotypes
If you are considering a report, read our questions about Spain’s gender-based violence law. Our service page for women experiencing gender-based violence explains available legal assistance. Call 112 in an emergency or contact 016 for official information and psychosocial support.
For advice based on your evidence, relationship and current court measures, contact Javier Sanz.
Official sources
- Organic Law 1/2004 on gender-based violence (BOE)
- Spanish Criminal Code (BOE)
- Organic Law 10/2022 on sexual freedom (BOE)
- Official 016 information and support service
This article contains general information. It does not replace a risk assessment or legal advice on a particular case.