A victim of gender violence has, from the moment she reports it, specific legal protection: she can request a protection order that keeps the aggressor away and provisionally settles the family home and the children, and she is entitled to a free lawyer regardless of her income. In this article I explain what each of these means, how to request them and within what deadlines. As a preliminary note, two numbers: 112 for an immediate emergency, and 016, which gives information and guidance at any hour, free of charge and leaving no trace on the phone bill.
The applicable law
The reference statute is Organic Law 1/2004, on comprehensive protection measures against gender violence. Its scope is precise: violence by a man against a woman who is or has been his partner, whether or not they live together. Violence against a woman outside that relationship is also a crime, but it is dealt with through the general criminal channels; the distinction matters because it determines the competent court and the resources available.
Law 1/2004 created the Courts for Violence against Women (Juzgados de Violencia sobre la Mujer), which investigate these cases and adopt the criminal and the civil measures at the same time. Added to this is the Statute of the Victim of Crime (Law 4/2015), which grants every victim the right to be informed, protected and heard throughout the proceedings.
The protection order
The protection order, governed by article 544 ter of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal), brings together in a single judicial decision the criminal measures that separate the victim from the aggressor and the civil measures that arrange the family situation while the proceedings last. It is requested when reporting the offence —at the National Police, the Guardia Civil, the court or the Public Prosecutor’s Office— or through the social services and the victim support offices. Once the request is filed, the court holds a hearing within a maximum of seventy-two hours and issues the decision.
What measures it may include
On the criminal side, the order may prohibit the aggressor from approaching the victim, her home or her workplace and from communicating with her by any means, and in serious cases order pre-trial detention; these prohibitions may be monitored with electronic devices.
On the civil side, the same order may provisionally settle the use of the family home, the custody of the children, the visiting arrangements and maintenance. These are temporary, reviewable measures, but they resolve the practical situation from the outset. The law also regards the children as victims of that violence, so their protection is decided at this stage too.
Free legal aid
Victims of gender violence are entitled to free, immediate and specialised legal aid, regardless of their income: there is no need to prove an income threshold, the right derives from the status of victim. A specialised duty-lawyer scheme provides that assistance from the very first moment, even before reporting. The victim is also entitled to be informed of her rights and of the state of the proceedings, to an interpreter, to the protection of her data and address, and to comprehensive support.
How and where to report
The report can be made to the National Police, the Guardia Civil, the duty court or the Public Prosecutor’s Office, and it can also be started by a third party; the medical injury report (parte de lesiones) issued by a health centre reaches the court as well. It is advisable to keep all available evidence: messages, screenshots, audio recordings, photographs of injuries and details of any witnesses. The victim’s testimony is evidence, and everything else reinforces it.
Why having your own lawyer helps
The duty lawyer provides essential, free assistance. Having your own legal representation as well makes a difference when the case combines criminal and civil matters —children, home, family finances— and both fronts must be handled in a coordinated way. The victim may appear as a private prosecution (acusación particular), with her own lawyer, to propose evidence, appeal, request measures and take an active part in the proceedings.
This article looks at the victim’s situation. If you are the person who has been reported, I explain the other side of the procedure in Accused of gender violence: what to do.
At the firm we handle this area from criminal law; when the violence has a digital dimension —phone monitoring, tracking, the sharing of images— it overlaps with cybercrime and with legal protection against cyberstalking. To have your case reviewed with the discretion it deserves, you can write to us from the contact page.
Frequently asked questions
Do I have to pay for a lawyer?
No. Victims of gender violence are entitled to free, immediate and specialised legal aid, regardless of their income. The right derives from the status of victim, not from proving an income level. A specialised duty-lawyer scheme assists from the very first moment, even before reporting.
How long does it take for a protection order to be issued?
Once the order is requested, the law provides that the court holds a hearing within a maximum of seventy-two hours, and the decision with the protection measures follows from it.
What measures can a protection order include?
Criminal measures —prohibiting the aggressor from approaching or communicating with the victim, and in serious cases pre-trial detention— and provisional civil measures on the home, the custody of the children, visiting arrangements and maintenance. It is governed by article 544 ter of the Criminal Procedure Act.
What happens with the children and the home?
The order itself can provisionally settle who uses the family home and how custody, visits and maintenance stand. Children are also regarded as victims, and their protection is decided from the outset.
Can I report without documentary evidence?
Yes. The victim’s testimony is evidence. Everything accompanying it strengthens the case: messages, screenshots, audio, photographs of injuries, medical reports and witnesses. If you are seen at a health centre, the injury report reaches the court.