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When a complaint concerns facts between present or former partners, the case stops behaving like an ordinary criminal matter: a specialised court intervenes, a duty rota operates every day of the year, interim measures can be adopted within hours and the prosecutor acts on criteria of their own.
In brief. Not every gender-violence complaint ends in prison, far from it: a very large share of these cases involve penalties of six months to one year with a community-service alternative. Nor is it a harmless procedure: even a short conviction leaves a record, carries a mandatory restraining order (Art. 57.2 CP, not negotiable even with both parties’ agreement) and can affect a foreigner’s status and contact with the children.
When a complaint is filed over facts between persons who are or were a couple, the proceedings stop behaving like an ordinary criminal case. A specialised court intervenes, a duty rota operates every day of the year, interim measures can be adopted within hours and the Public Prosecutor acts on its own criteria, independent of what the complainant wants. Two procedural positions exist within the same circuit, and we act in both: for the person under investigation and for the person seeking protection.
Two truths must be stated plainly. Not every case ends in prison: a very wide share of these matters involve offences punished with six months to one year, with a community-service alternative, or even minor offences. And the opposite is equally false: it is not an innocuous procedure. A conviction, however short the penalty, leaves a criminal record, drags a mandatory prohibition of approach, and can affect a foreigner’s administrative situation and the contact arrangements with the children. Whoever arrives at this firm is usually frightened, whichever side of the proceedings they are on, and what they need is to know what will happen on Monday morning.
| Stage | What happens | Rule | The key point |
|---|---|---|---|
| Police intervention | The patrol attends, separates the parties and assesses arrest | Atestado | A VioGén risk assessment is made; administrative, but it weighs on the first judicial decision |
| Detention | Release or production before the court within 72 hours | Art. 520 LECrim | In local practice, the court appearance usually comes earlier, at the duty rota |
| Protection order | Urgent hearing and ruling within 72 hours | Art. 544 ter LECrim | Criminal block (restraining, no contact, exit from the home) and civil block (home, custody, visits, maintenance) |
| Civil measures | Thirty days of validity | 544 ter.7 | They lapse without a family-court claim; many discover the deadline too late |
| Denial or grant | Neither dismissal nor conviction follows automatically | Risk decision | Provisional material, reviewable if circumstances change |
| Fast track | Accusation and trial possible the same day | Arts. 795-801 LECrim | Negotiated judgment with a one-third reduction; nobody can force a corridor decision without the file |
| Trial | Specialised court; the evidence is examined | LO 1/2004 | Where evidence is weak or contradictory, trial is the technically correct path |
| Conviction | Record, mandatory restraining order, possible suspension | Arts. 57.2 and 80 CP | The restraining penalty is imposed in every case and is not negotiable |
This route map is indicative and reflects the ordinary practice of the courts of the province; each case depends on its specific facts and circumstances.
We do not promise results; in this field doing so would be especially indecent, because both sides arrive at a bad moment and are easy to persuade. What we can do is state the limits in advance. A complaint cannot be withdrawn: you may state that you do not wish to continue, and that statement is recorded, but the proceedings continue if the prosecutor finds indications; the practical exception is the minor offence of Article 173.4, which requires the victim’s complaint. A restraining order cannot be lifted by mutual agreement: it can be asked of the court, with reasons, and it is sometimes granted, but while there is no ruling the measure is alive and breaching it is an offence. And a conviction cannot be prevented from leaving a record.
What is genuinely litigated: the classification (between a penalty of months and one of years), the existence or not of medical treatment, habituality, the integrity of the digital evidence, the proportionality of the interim measures, the individualisation of the penalty, the suspension of its execution and the civil liability. On the complainant’s side: the real effectiveness of the measures, the compensation claim and the coordination with the family proceedings. Where case-law support is needed in a specific matter (habituality under Article 173.2, the scope of the Article 416 LECrim dispensation, consented breach), it is searched and verified for that matter, with the ruling in sight and its full reference in the pleading. Not before, and not from memory.
Detainees and persons summoned before the specialised courts: reading the file before any decision, classification and viable suspension.
Victims applying for a protection order: the 72-hour hearing, effective measures and the thirty-day civil deadline.
Cases where the order affects custody and visits: family-court coordination and handovers through the family meeting point.
Non-nationals on either side: effects of a conviction on the permit, Article 89 substitution and interpreters throughout.
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Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.
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