Specialist gender-based violence lawyer in Madrid | Immediate consultation

Cases of gender-based violence dominate the media and cause great public concern. But do we really know what gender-based violence is?

Is all violence by a man against a woman gender-based violence?

Gender-based violence is not all physical and psychological violence directed by a man at a woman. For it to constitute gender-based violence there must be a relational element, since it only amounts to gender-based violence where the acts of violence are directed by a man at a woman when there is, or has been, an intimate relationship between them.

Are domestic violence and gender-based violence the same thing?

No. Not all gender-based violence is domestic violence. Domestic violence covers all forms of violence exercised within the family or household. Domestic violence is defined not by the gender of those involved (aggressor and victim) but by the relationship between them.

The Criminal Code includes within the concept of domestic violence that occurring between partners or former partners, children, parents, grandparents, siblings, vulnerable persons living with the aggressor, and persons under their custody or guardianship. Thus, a same-sex relationship constitutes domestic violence and not gender-based violence, even where victim and aggressor are both women.

Which acts of gender-based violence are criminal offences?

Organic Law on Gender-Based Violence 1/2004 was the legislative response to gender-based violence, defining it as the violence which, as a manifestation of discrimination, inequality and the power relations of men over women, is exercised against them by those who are or have been their spouses or who are or have been bound to them by similar relationships of affection, even without cohabitation.

The Criminal Code sets out various gender-based violence offences, imposing a heavier penalty on the act on the grounds that the victim is a woman and an intimate relationship exists or existed. The Criminal Code contains the following gender-based violence offences:

• Mistreatment offence under Art. 153.1 CC. This offence punishes causing psychological harm, minor physical injury or physical mistreatment. The penalty is six months to one year of imprisonment, or community service of thirty-one to eighty days.
• Threats offence under Art. 171.4 CC. Minor threats are punishable by imprisonment of 6 months to one year, or community service of thirty-one to eighty days. This is a very considerable difference compared with the penalty where the victim is not subject to gender-based violence, in which case the penalty is a fine of 1 to 3 months.
• Coercion offence under Art. 172.2 CC. Coercion consists of forcing or pressuring another to carry out conduct they do not wish to, or preventing them from doing what the law does not prohibit. The penalty is 6 months to one year of imprisonment, or community service of thirty-one to eighty days.
• Stalking or harassment offence under Art. 172 ter.2 CC. Harassing a woman who has been your partner carries a penalty of one to two years of imprisonment, or community service of sixty to one hundred and twenty days. The acts considered harassment are surveillance, pursuit and seeking physical proximity, establishing or attempting contact by any means or through third parties, the improper use of personal data, and attacks on the victim's freedom or property.
• Habitual mistreatment offence under Art. 173.2 CC. This offence punishes the habitual nature of acts of violence that create a climate of emotional instability and an environment of domination and fear in the victim. It carries a penalty of 6 months to three years of imprisonment.
• Minor insults and degrading treatment offence under Art. 173.4 CC. When directed at a woman to whom the person has been bound by a marital or similar relationship, they constitute an offence. The penalty is permanent location of five to thirty days, community service of five to thirty days, or a fine of one to four months.
• Offence against privacy under Art. 197.7 CC — sexting. The unauthorised distribution of intimate images obtained with the victim's consent is punishable by imprisonment of 7 months and 15 days to one year, or a fine of 9 to 12 months, where the offence has been committed by the spouse or a person bound by a similar relationship of affection.

What happens when you file a complaint, or one is filed against you, for gender-based violence?

The first thing victims should know is that they will not be alone in the process. Various forms of support are offered by the public authorities. Madrid City Council has a Service for Women Victims of Gender-Based Violence, which provides the following services:

• Immediate shelter and assistance in emergency and crisis situations.
• Protection, urgent accommodation and coverage of basic needs.
• Preparation of an individualised safety plan.
• Social, psychological and socio-educational support.
• Legal advice.
• Access to specialist resources: emergency centres, shelters and psycho-socio-educational programmes for women and their children.

The first step in pursuing legal action is to file a complaint with the police or Civil Guard. The complaint initiates proceedings, and in most cases the accused is arrested and brought before a judge within a maximum of 72 hours.

Gender-based violence proceedings are usually conducted as fast-track trials. Before the duty court, a hearing is held at which statements are taken from the person under investigation and the complainant. The parties may request the prosecution of the offence, the dismissal or filing of the case, or its conversion into preliminary proceedings.

In her complaint, the complainant may request a protection order for the adoption of civil and criminal measures.

The protection order: what it is and what measures it includes

Article 544 ter of the Criminal Procedure Act provides that a protection order will be issued where there are well-founded indications of the commission of an offence or minor offence against life, physical or moral integrity, or sexual freedom, and where there is an objective situation of risk to the victim.

The criminal measures usually adopted are:

• A prohibition on approaching the victim wherever they may be, as well as their home, school, workplace or other places they frequent, with a specified minimum distance.
• A prohibition on communicating with the victim by any means.

The civil measures that may be requested focus on the family and the existence of minor children, and include measures on the exercise of parental authority, visitation, custody, maintenance and the award of the use of the family home. These measures are valid for 30 days, extendable during family proceedings if a claim is filed within that period.

Specialist gender-based violence lawyer in Madrid: urgent assistance at the police station and court

If you need a specialist gender-based violence lawyer in Madrid, we offer immediate assistance to both victims and those under investigation or accused. We intervene urgently from the outset, providing assistance at the police station, Civil Guard and court, especially during the first 24 to 72 hours, which are usually decisive in this type of proceedings.

As gender-based violence lawyers in Madrid, we handle the defence of the victim and the defence of the accused, acting quickly to prepare the statement, carry out the initial assessment of the case and design the most appropriate legal strategy. We also handle applications for a protection order or opposition to one, as well as the adoption of urgent civil measures relating to the home, child custody, visitation or maintenance.

Our service includes immediate entry into the proceedings, analysis of evidence, preparation of hearings and legal representation at every stage of the criminal process. If you are looking for an urgent gender-based violence lawyer in Madrid, we offer a swift, personalised response tailored to the seriousness of each situation.

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