Gender and domestic violence
Gender-based and domestic violence lawyer
Organic Law 1/2004
Gender-based violence (Organic Law 1/2004) aggravates the penalties for certain conduct when committed by a man against someone who is or has been his partner or spouse; domestic violence extends a similar logic to other members of the family or household. Both are handled through a specific procedural route, with their own time limits and precautionary measures: the Gender Violence Courts.
Where a protective order is issued, it immediately shapes the suspect's life — exclusion, having to leave the family home, contact arrangements — and its early review is usually the first urgent decision in these proceedings.
A protective order immediately changes daily life for both parties — where they live, who they can speak to — so its early review can almost never wait.
Scope of work
- Defence of the suspect from the first appearance before the Gender Violence Court
- Private prosecution on behalf of the victim
- Applications for and review of protective orders and exclusion measures
- Defence in breach-of-sentence or breach of precautionary measure cases arising from these proceedings
When to call
- You have been summoned before a Gender Violence Court
- A protective order has been issued and you need to assess its review
- You are the protected person and need advice on the procedure
Frequently asked questions
What is the difference between gender-based violence and domestic violence?
Gender-based violence, as defined by Organic Law 1/2004, requires the conduct to be committed by a man against someone who is or has been his partner or spouse; domestic violence applies to other family or household relationships. The precise classification determines both the applicable offence and the competent court.
What is a protective order and how long does it last?
It is a precautionary measure that can combine criminal measures (exclusion, non-communication) and civil ones (use of the family home, contact arrangements), granted by the duty court or the Gender Violence Court. Its duration depends on what the order provides and it is maintained, unless amended, for the duration of the proceedings or until judgment is given.
Can the victim withdraw the complaint?
Certain relatives are exempt from the duty to testify (article 416 of the Criminal Procedure Act), but the Public Prosecutor can maintain the prosecution even if the victim decides not to testify or requests that the case be dropped, because these offences are prosecuted ex officio and do not depend solely on the complainant's wishes.