Legally reviewed on 11 October 2026
By Javier Sanz, lawyer, ICALI 8620
Spain’s system for gender-based violence combines criminal law, protective measures, specialist support and certain connected family proceedings. For foreign residents and visitors, the terminology can be confusing because the Spanish legal expression violencia de género is narrower than “gender-based violence” in general international usage.
These frequently asked questions explain the core framework. They cannot determine how a court will treat a particular incident or replace advice based on the police report, court papers and evidence.
Who is protected by Organic Law 1/2004?
The law applies where a man uses violence against a woman who is or has been his spouse, or who is or has been linked to him by a similar intimate relationship, even without cohabitation. It can cover physical and psychological violence, threats, coercion and offences against sexual freedom, depending on the conduct alleged.
Violence outside this definition can still be criminal. Conduct involving relatives, a male victim or a same-sex couple may fall within domestic-violence or other Criminal Code provisions. See our explanation of gender-based violence and domestic violence in Spain.
Do I need evidence before reporting?
No. A victim does not have to assemble a complete criminal case before approaching the police, court or prosecutor. The authorities are responsible for investigating. It is nevertheless useful to preserve material that already exists, such as full message threads, photographs, medical records, voice messages and details of potential witnesses.
Do not put yourself in danger to collect evidence, secretly access another person’s accounts or provoke an incident. A contemporaneous account of dates, words used, injuries and people present may help your lawyer understand the chronology, but it should remain factual.
Can I speak to a lawyer before making a report?
Yes. Article 20 of Organic Law 1/2004 provides for immediate free legal advice before a complaint is lodged and free defence and representation for victims in proceedings directly or indirectly arising from the violence, within the statutory framework. The right is not limited by nationality.
Legal advice before the report can help explain the process and ensure that interpretation needs, urgent risks and available evidence are identified. Our practical guide explains how to report gender-based violence in Spain.
What is a protection order?
A protection order is a judicial decision intended to provide an integrated response where the legal conditions are met. It may include criminal measures, such as a prohibition on approaching or communicating, and may address urgent civil issues such as use of the home or arrangements concerning children.
An application does not guarantee that every requested measure will be granted. The judge assesses the available information, risk and legal requirements, normally after an urgent hearing. Any order must be followed exactly until a court varies or ends it. The protected person cannot privately authorise the defendant to ignore it.
What happens after a report?
The sequence depends on urgency and location. Police may take statements, gather evidence and, where legal grounds exist, arrest the suspect. A court may hold a rapid hearing to consider precautionary measures. The case may then continue through investigation, prosecution and trial, or it may be dismissed if the legal and evidential basis is insufficient.
A report is not a conviction. The accused retains the presumption of innocence, the right to a lawyer, the right to know the allegation and the right to remain silent. Protective measures are precautionary; they do not determine guilt.
Can a complaint simply be withdrawn?
Once the authorities know about conduct that may amount to a public criminal offence, the case does not necessarily end because the complainant changes their mind or does not wish to continue. The prosecutor and court decide whether there is a legal basis to proceed. Evidential rules about testimony are separate and fact-sensitive.
A person who feels pressured to withdraw, or who is worried about giving evidence, should tell their lawyer or the authorities. The Statute of the Victim of Crime includes rights to information, protection and measures designed to reduce secondary victimisation.
Are court proceedings available in English?
Spanish is the normal language of proceedings in most of Spain, alongside any co-official regional language. A person who does not understand the language has interpretation and translation rights in the circumstances provided by law. Ask for an interpreter at the first contact and tell your lawyer which documents you cannot understand. Do not sign a statement whose content has not been properly explained.
Where can I obtain immediate help?
Call 112 if there is immediate danger. The official 016 service offers information and immediate psychosocial support by telephone, WhatsApp at 600 000 016, email at 016-online@igualdad.gob.es and online chat. It can provide assistance in several languages and explain access to local resources.
For legal guidance on protection, reporting or ongoing proceedings, see our service for women experiencing gender-based violence or contact Javier Sanz. An individual review is particularly important where children, immigration status or an existing court order are involved.
Official sources
- Organic Law 1/2004 on gender-based violence (BOE)
- Spanish Criminal Procedure Act (BOE)
- Law 4/2015, Statute of the Victim of Crime (BOE)
- Official 016 information and support service
This article gives general information about Spanish law and does not replace advice on a specific case.