Domestic violence lawyer in Alicante

01What a domestic violence lawyer in Alicante does

A domestic violence lawyer in Alicante works on two fronts that constantly overlap: criminal law (the police report, the protection order, the trial) and family law (custody, contact, child maintenance, use of the family home). From my office on calle Isabel La Católica, in the centre of Alicante, I have accompanied people on both sides of these proceedings since 2002, so I can speak plainly whether you are the victim or the person accused.

If you are the victim, my job is to make sure you never take a step alone: preparing the report (denuncia), applying for the protection order, being with you when you give evidence and getting the measures about the children and the home decided quickly. If you have been accused, my job is to guarantee that your rights are respected from the first hour, to examine the evidence rigorously and to build a serious defence.

Many of my foreign clients live in Alicante, San Juan, Campello or Torrevieja, often in mixed couples, and the Spanish system can feel unfamiliar. If it helps, start by messaging me on WhatsApp and tell me where you are in the process.

02Gender violence and domestic violence are not the same in Spain

English speakers say "domestic violence" for everything, but Spanish law draws a sharp line between two concepts, and that line changes the court, the procedure and the consequences.

Violencia de género (gender violence)

This is violence by a man against a woman who is or has been his partner, whether or not they lived together. It is governed by Organic Law 1/2004 and heard by specialised courts, the juzgados de violencia sobre la mujer. It covers physical and psychological violence, threats, coercion, controlling behaviour, harassment and sexual violence within the relationship.

Violencia doméstica (domestic violence)

This is violence between other members of the household: a woman against her male partner, within same sex couples, children against parents, parents against children, or against elderly relatives who live with them. It is prosecuted under the Criminal Code (article 153 for one off abuse, article 173.2 for habitual abuse), but by the ordinary investigating courts, without the special measures of Organic Law 1/2004.

In both cases a push or a threat can be an offence even without injury. If your case is domestic violence without the gender element, it is still a criminal matter best handled with a criminal defence lawyer in Alicante.

03If you are the victim: how to report abuse in Alicante and what happens next

You can file a report at any National Police station, Guardia Civil post, Local Police station or directly at the duty court (juzgado de guardia). In Alicante city the National Police has specialised family and women units (UFAM), and the procedure is the same in Elche, San Vicente del Raspeig, Campello or Torrevieja. You have the right to an interpreter at every stage.

What happens on the day you report

1. You give a detailed statement: facts, dates, injuries, witnesses, messages. You are entitled to a lawyer before you make it, your own or the duty lawyer.
2. If there are injuries you are sent to a health centre so that a medical report (parte de lesiones) is issued.
3. You are informed of your rights under Law 4/2015 (the Victims of Crime Statute) and offered the chance to apply for a protection order there and then.
4. The accused is usually arrested and brought before the gender violence court within 72 hours.

If your residence status depends on your partner, or you are in Spain irregularly, tell your lawyer: immigration law protects foreign women who report gender violence. You can also book an appointment at my office to talk it through before deciding.

04The protection order: criminal and civil measures in one decision

The protection order (orden de protección, article 544 ter of the Criminal Procedure Act, LECrim) is the most important tool for the victim because it combines criminal and civil measures in a single ruling. It can be requested by the victim, her relatives or the public prosecutor, and the court must hold a hearing and decide within 72 hours of the application.

Criminal measures

• A ban on approaching the victim, her home, her workplace or the school of the children, usually with a minimum distance in metres.
• A ban on contacting her by any means: calls, messages, social media, third parties.
• In serious cases, remand in custody of the accused.

Civil measures

• Use of the family home for the victim and the children, whoever owns or rents it.
• Provisional custody of the children and contact arrangements, or their suspension.
• Provisional child maintenance.

The civil measures last 30 days and are extended if the family claim (divorce or parental measures) is filed within that period, which is why in my office both pieces move together from day one. For the family side, see my guide to a family lawyer in Alicante.

The order is not automatic: the court assesses whether there is an objective risk, and a well prepared application, with messages, medical reports and witnesses, makes the difference.

05The gender violence court in Alicante and the trial

Alicante has specialised gender violence courts at the Ciudad de la Justicia on avenida Aguilera. They investigate gender violence offences in their judicial district and also handle the family matters between the same parties while the criminal case is open. Elche, Benidorm, Torrevieja, Orihuela and Alcoy have their own courts, and the place where the events happened decides which one is competent.

How the proceedings unfold

• Fast track trial (juicio rápido): the usual route when the accused has been arrested and the facts are clear (articles 795 and following LECrim). Within days both parties give evidence, the protection order hearing takes place and, if the accused accepts the charges, there can be a guilty plea judgment (conformidad) with a one third reduction of the sentence (article 801 LECrim).
• Preliminary investigation (diligencias previas): when forensic reports, expert evidence or witnesses are needed, the case takes months and ends in a trial before the criminal court (juzgado de lo penal) or, for serious offences, the Provincial Court of Alicante.

The evidence of the victim

In these offences the statement of the victim is often the main evidence. You can give evidence without seeing the accused, behind a screen or by video link, and ask for it to be recorded. You can also act as private prosecutor (acusación particular) with your own lawyer, which lets you propose evidence and appeal instead of relying only on the public prosecutor.

06If you have been reported for gender violence: your rights and your defence

For a foreigner in Spain a gender violence report is doubly disorienting: it usually means arrest, a night at the police station, leaving home with what you are wearing and a ban on approaching your partner and sometimes your children. Stay calm and keep the following in mind.

Your rights from the first moment

• The right to a lawyer from the moment of arrest (article 520 LECrim), one you choose or a duty lawyer.
• The right to remain silent and not to plead guilty. Giving a statement at the police station before speaking to your lawyer is usually a mistake.
• The right to know what you are accused of and not to be held for more than 72 hours.
• The right to a free interpreter in police custody and in court.

What we do in your defence

We study the report, gather messages and testimony that explain the context, assess whether to apply to modify the protection order and decide whether a guilty plea (with the one third reduction) or a full trial is the better option. And we work on the civil side from day one, because your relationship with your children depends on the same court.

About false accusations

I want to treat this carefully. Some reports do not succeed and end in dismissal or acquittal, but most respond to real events, and building your defence around the claim of a false accusation usually does harm. The right strategy is to prove, with evidence, what actually happened. In my article on a criminal lawyer in Alicante (in Spanish) I explain how I approach any criminal defence.

A very serious warning: breaching the restraining order is a criminal offence (article 468 of the Criminal Code) prosecuted automatically, even if it is your partner who asks you to come home or who messages you first. Do not reply; tell your lawyer.

07Children, custody and contact when there is violence

When there are minor children, gender violence is never only a matter between adults. Organic Law 8/2021 on the protection of children (LOPIVI) and the Civil Code oblige the judge to put the best interests of the child first, and article 92 of the Civil Code rules out shared custody when one parent faces criminal proceedings for violence against the other parent or the children.

What the court can decide

• Award custody to the mother and set contact for the father: ordinary, reduced or supervised at a family meeting point (punto de encuentro familiar).
• Suspend contact while the case is pending if there are signs of risk.
• Set child maintenance and decide who stays in the family home.

Children with sufficient maturity, and in any case those over 12, have the right to be heard (article 92.6 of the Civil Code), in an office and without the parents present.

Do not take the children to your home country while the case is open without legal advice: removing a child from Spain without the consent of the other parent or the court can amount to international child abduction under the Hague Convention. Once the criminal case is over, an acquittal or dismissal opens the door to requesting shared custody again, while a final conviction has lasting effects on parental authority and contact. My guide to a child custody lawyer in Alicante and my article on a lawyer for minors in Alicante (in Spanish) cover the options.

08Duty lawyer, free legal aid and my fees

Victims of gender violence are entitled to immediate free legal aid (asistencia jurídica gratuita), regardless of income, for the criminal proceedings and the civil proceedings that arise from them (article 2 g of Law 1/1996). The right is lost if the case ends in a final acquittal or is dismissed because the facts were untrue. The gender violence duty roster of ICALI, the Alicante Bar Association, operates around the clock with trained lawyers.

For the accused, legal aid depends on income: as a guide, up to 2 times the IPREM index for a single person, 2.5 for a family of fewer than 4 members and 3 for 4 or more. Applications go through the ICALI Legal Guidance Service.

Duty lawyer or your own lawyer

A duty lawyer is a fully qualified member of the bar, but the case reaches them during a shift and continuity is not guaranteed. With your own lawyer you choose who accompanies you, prepare everything before giving evidence and the same person handles the criminal and the family side. A victim with legal aid can waive the duty lawyer and appoint one she trusts, paying the fees.

Consultations at my office are held in Spanish; if you need an interpreter, say so when you write on WhatsApp and we will arrange it. After the first consultation you receive a written engagement letter (hoja de encargo) with fees adapted to your stage. I do not promise results: I promise serious work, constant communication and that you will never walk into a court alone. If you have questions about cost, message me on WhatsApp and I will explain without obligation.

How a gender violence case proceeds, step by step

1. 1
   First consultation and gathering evidence

   We go through the facts, save messages, medical reports and witness details and decide when to report. If you are the accused, we review the summons or the police file.

2. 2
   Report and application for a protection order

   The report is filed at the police station or the court with a lawyer present and the protection order is requested with the measures needed.

3. 3
   Arrest and appearance before the judge

   The accused is usually arrested and brought before the gender violence court within 72 hours at most. Both parties give evidence with their lawyers.

4. 4
   Protection order hearing

   Within a maximum of 72 hours the court holds the hearing under article 544 ter LECrim and decides on restraining, contact, the home, custody and maintenance.

5. 5
   Fast track trial or investigation

   If the facts are clear there may be a fast track trial with a possible guilty plea and a one third reduction of the sentence. Otherwise a preliminary investigation opens with forensic and witness evidence.

6. 6
   Trial and judgment

   The trial takes place before the criminal court or the Provincial Court of Alicante. The victim may act as private prosecutor and the accused has full guarantees.

7. 7
   Family proceedings

   In parallel, within 30 days of the civil measures, the divorce or parental measures claim is filed so that custody, contact and maintenance are settled for good.

Frequently asked questions