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Portada » Practice areas » Gender-Based Violence » Violence against women
PROBLEMS
I need a lawyer who can help me obtain a protection order.
I need a lawyer who can help me regain my privacy.
I am looking for a specialized lawyer who understands the sensitivity of my situation and can help us be together again.
SOLUTIONS
PSYCHOLOGICAL SUPPORT
Share your experience with our psychologist specialized in violence against women, who will provide a safe space where you will be heard with empathy and understanding.
LEGAL CONSULTATION
In this safe and confidential environment, you will benefit from the experience and expertise of our lawyer specialized in violence against women, trusted by many women facing situations similar to yours.
FLEXIBLE FINANCING
We understand that situations involving violence against women can seriously affect financial stability. That is why we offer flexible financing options with no interest.
I am Javier Sanz, a lawyer specialized in Violence Against Women
If you are here, it is because things have not gone well in your relationship and you need urgent help.
I WANT YOU TO KNOW THAT I HAVE DEDICATED MY CAREER TO PROTECTING WOMEN LIKE YOU.
My role as a lawyer is to safeguard your safety and that of your children by obtaining a protection order that keeps you away from danger and helps secure a fair outcome.
Our Mission
Providing you with justice and unwavering support in cases involving violence against women.
WELCOME
At our firm, you are our priority, and justice is our mission.
OUR PHILOSOPHY
Our philosophy is simple: empowerment. We believe that an informed and empowered woman is the key to success.
OUR VALUES
We value empathy as the cornerstone of our legal practice, allowing us to connect deeply with your story and fight for you as if it were our own.
OUR METHODOLOGY
We teach you how to testify effectively, how to appear before the court, and how to manage the stress and pressure of legal proceedings.
OUR PROMISE
We promise to stand by your side, listen to you, and defend your rights with dedication and respect. Together, we will work to ensure your safety, restore your dignity, and achieve justice. You are not alone in this fight.
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Join the women who have found clarity, protection, and solutions through our legal guidance.
+34 637 342 483
hola@abogadoviolenciadegenero.com
WHAT YOU SHOULD KNOW
At any sign of abuse, call the police.
The alleged abuser may be arrested immediately.
Request a Protection Order to prevent any contact or approach.
All women have the right to free legal assistance.
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What Does the Process Involve?
Following the initial gender violence complaint, the accused may be detained and taken into custody until the expedited trial takes place or a protection order is issued:
EXPEDITED TRIAL
At the Gender Violence Court, statements are taken separately from the victim, the accused, and the witnesses.
ONCE THE QUESTIONING IS COMPLETED, A HEARING IS HELD TO DETERMINE WHETHER A PROTECTION ORDER SHOULD BE GRANTED TO THE VICTIM.
A protection order may involve criminal and civil measures:
At this stage, decisions may be made regarding restraining orders, communication restrictions, parental authority, child custody, visitation rights, allocation of the family home, child support, and related matters.
AS A GENERAL RULE, THE PROSECUTION WILL REQUEST THE PROTECTION ORDER AND THE DEFENSE WILL OPPOSE IT.
AGREEMENT
If there is sufficient evidence that a crime has been committed, the parties may meet with the prosecutor to discuss whether the accused is willing to accept a plea agreement.
IF THE ACCUSED ACCEPTS THE AGREEMENT, A JUDGMENT WILL BE ISSUED AND THE SENTENCE MAY BE REDUCED BY ONE THIRD.
For example, if the accused accepts a six-month prison sentence, it may be reduced to four months.
If there is insufficient evidence of a crime, meaning there is not enough proof to support the victim’s account, both the defense and the prosecutor may request the dismissal or closure of the case due to lack of evidence, which in most cases will be granted by the court.
TRIAL
The trial takes place before the Criminal Court if the accused and their defense do not agree with the sentence requested by the prosecutor, considering that the allegations made by the victim are unproven or clearly false.
A NEW HEARING WILL THEN BE SCHEDULED WITHIN 15 DAYS, DURING WHICH FURTHER EVIDENCE MAY BE PRESENTED.
Therefore, the case may be prepared with stronger guarantees by presenting new witnesses, documentary evidence, and even expert reports that may support the different versions of events.
APPEAL
Any judgment issued by the Criminal Court may be appealed within five days before the Provincial Court.
Get Your Free Consultation
Speak with professionals who truly understand your case.
+34 637 342 483
hola@abogadoviolenciadegenero.com
Still have questions?
I have prepared a list of some of the most frequently asked questions. However, if you still have doubts, write to us at hola@abogadoviolenciadegenero.com and we will be happy to help.
In the case of preventive detention, it may not last longer than strictly necessary to clarify the facts. In any event, the detainee must be released or brought before the judicial authority within a maximum period of 72 hours.
Violence may be either physical (injuries) or psychological (insults, threats, etc.).
Violence against women may be reported by the victim herself before the State Security Forces (Police Station or Civil Guard Headquarters) or directly before the court. In Valencia, specialized offices are available for this purpose.
It may also be reported by witnesses, including law enforcement officers or medical professionals attending the victim, who may submit the medical report directly to the court.
It is essential. Do not allow yourself to be pressured by the police or Civil Guard into accepting a court-appointed lawyer.
The law allows you to appoint a private specialist lawyer who may appear up to eight hours after the detention.
You have the right to remain silent and not plead guilty. Anything you say may be used against you.
No. The proceedings will continue whenever there is evidence or indications suggesting that violence has occurred.
However, the alleged victim may choose not to testify against their partner, provided they withdraw as a private prosecutor.
After the complaint is filed, law enforcement officers will proceed with the detention of the accused, and the expedited trial will take place within a maximum period of 72 hours.
A Protection Order is a judicial decision which, when there are reasonable indications that acts of domestic violence have occurred and there is an objective risk to the victim, orders protection through the adoption of civil and/or criminal precautionary measures, while also activating the necessary social assistance and protection mechanisms.
1. CRIMINAL MEASURES:
- Deprivation of liberty
- Restraining order
- Communication ban
- Prohibition from returning to the place of the offence or the victim’s residence
- Confiscation of weapons or other dangerous objects
2. CIVIL MEASURES:
- Allocation of the use and enjoyment of the family home
- Custody, visitation, and communication arrangements concerning children
- Child support obligations
- Protective measures for minors to prevent danger or harm
Note: Civil measures remain valid for 30 days and may be extended if divorce, separation, or parental responsibility proceedings are initiated before that period expires.
3. SOCIAL ASSISTANCE AND PROTECTION MEASURES:
Measures established under national and regional legislation.
A Protection Order is a judicial decision and any breach of it may result in imprisonment for the offence of violating a court order.
Article 468 of the Spanish Criminal Code states:
“Those who violate a sentence, security measure, prison order, precautionary measure, driving prohibition, or custody order shall be punished with imprisonment from six months to one year.”
Within 15 days, if the accused does not accept the sentence requested by the prosecutor before the Gender Violence Court, a trial will be held before the Criminal Court.
A Protection Order is a judicial decision and any breach of it may result in imprisonment for the offence of violating a court order.
Article 468 of the Spanish Criminal Code states:
“Those who violate a sentence, security measure, prison order, precautionary measure, driving prohibition, or custody order shall be punished with imprisonment from six months to one year.”
If there are children in common, the family home will generally be assigned to the parent who is granted custody.
If there are no children in common, the judge will determine whether the use of the property should be granted to the aggressor or the victim, taking into account the circumstances of the case and the tenancy rights involved.
The law provides for the right to immediate school enrollment if a change of residence is required as a consequence of being a victim of gender-based violence.
Yes, by requesting that your personal information be withheld from the Municipal Register.
The Court will arrange for law enforcement officers to accompany both the aggressor and the victim to the residence when personal belongings need to be collected.
No, this must be authorized through legal proceedings.
The offence of abandoning the family home does not exist. The only related offence is abandonment of family responsibilities if you fail to provide the necessary support to your children. You have the right to leave your home without it being considered family abandonment.
However, you should file for separation or provisional family measures as soon as possible before the Family Court or Court of First Instance in your area. It is also advisable to file a complaint detailing the abuse suffered, as described above.
The custody of minor children is determined by a judge. However, in cases involving abusive fathers, the judge will generally consider it more appropriate for the children to remain with their mother, as the best interests and well-being of the children take priority.
Nevertheless, you should file for separation or provisional family measures as soon as possible before the Family Court or Court of First Instance in your area. It is also advisable to file a complaint detailing the abuse suffered, as previously described.
If you have left the family home and have been unable to take your children with you, you should request a protection order from the Court. This will allow decisions to be made immediately regarding custody, use of the family home, child support, and visitation arrangements.
However, you should file for separation or provisional family measures as soon as possible before the Family Court or Court of First Instance in your area. It is also advisable to file a complaint detailing the abuse suffered, as previously described.
When applying for a protection order, ask your lawyer to include the need for social and/or financial assistance, or request support from your local Social Services Department, so that you are never forced to return to the aggressor due to lack of resources.
You should also contact the nearest 24-Hour Women’s Support Centre immediately and call 900 58 08 88.
Visits can be arranged through a Family Contact Centre.
You may exercise your right not to testify.
However, regardless of your statement, the Public Prosecutor may continue the proceedings ex officio if there is sufficient evidence to do so.