Legally reviewed on 11 October 2026
By Javier Sanz, lawyer, ICALI 8620
If you are arrested, summoned or told that a former or current partner has reported you for gender-based violence in Spain, obtain a criminal defence lawyer immediately. Do not contact the complainant to “clear things up”, delete messages or post your version online. Early, disciplined decisions are more useful than a public argument.
An allegation is not a conviction. You retain the presumption of innocence and procedural rights, while the authorities may also take urgent protective measures before trial where the legal conditions are met.
After an arrest, summons or report
Ask what procedural status you have and request a lawyer. If Spanish is not a language you understand sufficiently, request an interpreter. Do not sign a statement until it has been read and explained accurately.
Give your lawyer every document you receive, including police paperwork, summonses, protection orders and family-court orders. A deadline for a hearing or appeal may be short. If you are in custody, tell your lawyer about medication, health needs and any immediate concern for a child or dependent person.
Your right to remain silent and receive legal assistance
A suspect or defendant has the right to know the essential allegation, consult a lawyer and remain silent without being compelled to incriminate themselves. Whether to answer questions, answer only your lawyer’s questions or make no statement is a strategic decision based on the information available at that stage.
Do not confuse silence with an admission. It is a legal right. Equally, do not assume that a long spontaneous explanation is always helpful. Inconsistencies created by haste, stress or incomplete information can become significant later.
Presumption of innocence and burden of proof
The prosecution must present evidence capable of proving the offence to the criminal standard. The defence can challenge reliability, legality, interpretation and whether the evidence establishes every element. Protective measures imposed during the investigation do not determine final guilt.
A dismissal or acquittal does not automatically establish that the complaint was false. A false accusation under Article 456 of the Criminal Code has separate elements and procedural conditions. See our guide to false allegations, dismissals and official data.
Evidence your lawyer may need to preserve
Give your lawyer complete, original material rather than selected screenshots. Depending on the allegation, relevant evidence may include:
- Full message and email threads, voice notes and call records.
- Location, travel, work or payment records relevant to chronology.
- Photographs and videos in their original format.
- Names of witnesses with a brief explanation of what they observed.
- Medical documents and earlier police or court records.
Do not delete material because it appears embarrassing or unfavourable. Context matters, and selective preservation can damage the defence. Do not access another person’s device or account, install tracking software, pressure a witness or create a staged conversation.
Comply with protection and no-contact orders
Read the exact terms with your lawyer and obey them strictly. Prohibited communication may include calls, messages, social media reactions and contact through friends or relatives. A complainant’s invitation does not necessarily make contact lawful or cancel a court order.
If contact is needed about children, possessions or housing, use the method authorised by the court or ask your lawyer to request a lawful solution. An alleged breach can lead to a separate investigation and seriously harm your position.
Build a defence without attacking the complainant
A sound defence tests the evidence and presents relevant facts. It does not require insults, speculation about mental health or publication of private information. Avoid social media commentary and do not recruit others to confront the complainant.
Write a private chronology for your lawyer, clearly separating what you remember from what you infer. Mention evidence that may contradict you as well as evidence that supports you. Your lawyer can then decide what should be investigated, formally requested or examined by an expert.
Possible outcomes and connected proceedings
The case may be dismissed during investigation, proceed to trial, end in acquittal or conviction, or involve an appeal. The reasons and procedural stage matter. There may also be connected issues concerning children, the family home or residence status. Do not assume that a criminal decision automatically rewrites every family order.
Our guide on child contact after a gender-based violence allegation explains why existing orders must be followed. Our defence service after a gender-based violence allegation describes specialist representation.
Look after your health without harming the case
Arrest and proceedings can be intensely stressful. Seek medical or psychological support if needed and follow lawful communication boundaries. Do not use alcohol, medication or distress as a reason to contact the complainant or ignore an order. Keep your lawyer informed if health affects attendance or understanding.
Arrange an urgent defence review
Contact Javier Sanz as soon as you receive a summons, are arrested or learn of an order. Bring the complete documents and original evidence. In an emergency involving immediate danger, call 112.
Official sources
- Spanish Criminal Procedure Act (BOE)
- Spanish Criminal Code (BOE)
- Organic Law 1/2004 on gender-based violence (BOE)
This article provides general information and is not a defence strategy or legal opinion on any individual allegation.