Gender-Based Violence Defence Lawyer in Valencia

Detention may last only for the time strictly necessary to carry out the urgent investigative steps and, in any event, for no more than 72 hours. Before that period expires, the arrested person must be released or brought before a judge.

If you are arrested, you may freely choose a lawyer or request a duty lawyer. No authority or officer should recommend a particular professional; they must only inform you of this right. The appointed lawyer must attend as promptly as possible and, in any event, within three hours of receiving the instruction—not within three hours of the arrest. Before making a statement, you may speak privately with your lawyer and decide, with their advice, whether to answer questions, remain silent or decline to answer specific questions.

The complainant may state that they do not wish to continue as a private prosecutor, but a complaint cannot be withdrawn in a way that forces the proceedings to be closed. The Public Prosecutor and the court may continue if there are indications or evidence. Whether the right not to testify applies must be assessed case by case under Article 416 of the Spanish Criminal Procedure Act and its exceptions.

There is no general 72-hour deadline from the complaint for a fast-track trial to be held. The duty court carries out the urgent investigative steps and decides how the case should proceed. If it opens the trial, the hearing must be scheduled for the earliest possible date and, in any event, within the following 15 days.

A protection order is a court order that may be made when there are indications of an offence and an objective risk situation. It may include criminal and civil measures, such as bans on approaching or communicating, use of the family home, custody, contact arrangements or maintenance. The hearing must be held within no more than 72 hours of the request.

Breaching a court-ordered ban on approaching or communicating may amount to a separate offence of breach of a court order. In the cases covered by Article 468(2) of the Spanish Criminal Code, the prescribed sentence is imprisonment from six months to one year. The actual consequence depends on the facts, the evidence and the court’s decision; it does not automatically mean immediate imprisonment.

In fast-track proceedings, the duty court must schedule the trial for the earliest possible date and, in any event, within the following 15 days. Outside that procedure there is no single deadline: timing depends on the type of case and the court’s workload.

Breaching a court-ordered ban on approaching or communicating may amount to a separate offence of breach of a court order. In the cases covered by Article 468(2) of the Spanish Criminal Code, the prescribed sentence is imprisonment from six months to one year. The actual consequence depends on the facts, the evidence and the court’s decision; it does not automatically mean immediate imprisonment.

The right to use the family home does not depend solely on who owns or rents it. The court considers the protective measures, the family circumstances and, where there are children, their best interests. The specific court order should be checked before any action is taken.

The law provides for the right to immediate school enrollment when a change of residence is required as a consequence of being a victim of gender-based violence.

Yes, by requesting that their personal information be protected and withheld from the Municipal Register.

Police assistance or judicial authorisation may be requested to collect personal belongings, particularly where a restraining order or a risk situation exists. No one should go to the home or contact the other party in breach of a court order.

There is no single answer: it depends on the right to use the home, the court measures in force and the circumstances of the case. If there is a protection order or a dispute over the home, seek legal advice and, if there is a risk, contact the police before changing the locks.

Leaving the home does not in itself constitute the offence of family abandonment. However, it may have practical consequences for family measures, the home or the care of children, so the situation should be documented and legal advice sought as soon as possible.

Custody is decided by the court in accordance with the children’s best interests and the established circumstances. Neither parent can decide the outcome unilaterally or prevent contact outside the court measures in force.

You should file a request for parental responsibility and child-related measures before the Court as soon as possible.

You may apply for a court-appointed lawyer through the local Bar Association.

Visits may be arranged at a Family Contact Centre or through another handover system that avoids direct contact between the parents. The measure must be ordered by the court in accordance with the children’s best interests and the circumstances of the case.

As a person under investigation or an accused person, you have the right to remain silent, to refuse to answer some or all questions, not to incriminate yourself and not to confess guilt. The decision on whether to give evidence should be made with your lawyer after reviewing the case file.