A complaint for gender-based violence sets in motion a fast-track procedure, with very short deadlines and possible precautionary measures within hours. Knowing the path helps both the complainant and the accused to act sensibly from the very first moment.
What is triggered by the complaint
The complaint (at a police station, the Guardia Civil or the court) gives rise to a police report and the opening of proceedings before the Court for Violence against Women. Depending on the facts, the accused may be arrested and brought before the court.
The duty court and the protection order
A prompt hearing is usually held (normally within 72 hours) to decide on the protection order and precautionary measures. It is essential to attend with a lawyer, because what is decided shapes the entire case.
Possible precautionary measures
The judge may order a restraining order and a prohibition on communication, removal from the family home, and provisional civil measures (use of the home, custody and child maintenance). Breaching the restraining order is, in itself, an offence of breach of a court order (art. 468 CP).
If you are the accused: what to do
1. Request immediate legal assistance.
2. Do not contact the complainant by any means, nor through third parties.
3. Do not make a statement without knowing the facts alleged against you.
4. Gather evidence in your favour (messages, witnesses, geolocation).
If you are the victim: your rights
The Victim’s Statute (Law 4/2015) recognises rights to information, protection and support. You may testify by videoconference in gender-based violence cases (art. 258 bis.3 LECrim) and join the proceedings as a private prosecutor to take an active part.
The statement and the exemption (art. 416 LECrim)
A victim related to the accused by family ties may, in certain cases, rely on the exemption from the duty to testify, subject to limits since the 2021 reform. It is a delicate decision that should be assessed with a lawyer.
Frequently asked questions
Can the complaint be withdrawn? Criminal proceedings are not closed simply because the victim wishes it; the public prosecutor may maintain the charges. What if the complaint is false? There are defence avenues and, where applicable, liability for false accusation, but they must be proven. What penalty does it carry? It depends on the act (bodily harm, threats, coercion, etc.).
Are you in this situation? Do not make any statement or take decisions without legal advice. At Société Juridique we are available for emergencies 24 hours a day: 669 30 21 13.
Informative guide; it does not constitute legal advice.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
