Domestic & Gender Violence Defence in Marbella
Spain has some of the strictest domestic and gender violence legislation in Europe, governed primarily by Ley Orgánica 1/2004. These cases are tried before specialist Juzgados de Violencia sobre la Mujer — dedicated courts handling only gender and domestic violence matters — rather than ordinary criminal courts. The procedural rules, evidential standards and sentencing frameworks are specific to this area of law and require a specialist criminal lawyer with direct experience in this court system.
A domestic violence complaint in Marbella can result within hours in arrest, removal from the family home, a restraining order preventing contact with your partner and children, and loss of access to shared finances. The consequences are severe and immediate — and can be based on an allegation alone, before any evidence is tested. Acting fast with specialist legal counsel is not optional.
Accused of domestic violence in Marbella? Do not contact the complainant under any circumstances. Call our lawyer immediately at +34 604 54 52 81 — we attend Marbella police stations and the Juzgado de Violencia 24 hours a day.
Domestic & Gender Violence Offences We Defend
- Physical assault against a partner or ex-partner — malos tratos, lesiones en ámbito familiar
- Psychological abuse — threats, humiliation, control and isolation
- Gender violence (violencia de género) — male-on-female partner violence under LO 1/2004
- Domestic violence (violencia doméstica) — any family member regardless of gender
- Stalking (acoso / stalking) — Article 172 ter Penal Code
- Restraining order violations (quebrantamiento de condena) — Article 468
- Forced marriage
- Economic violence and control
- False domestic violence accusations — defending fabricated complaints
Penalties for Domestic Violence in Spain
| Offence | Sentence | Additional Measures |
|---|---|---|
| Minor assault (partner / domestic) | 6 months – 1 year | Restraining order, weapons ban |
| Assault causing injury (domestic) | 2–5 years | Restraining order, loss of parental rights |
| Habitual violence in the home | 1–3 years | Mandatory restraining order |
| Psychological abuse / threats | 6 months – 1 year | Restraining order |
| Stalking | 3 months – 2 years | Restraining order, electronic tag |
| Restraining order breach | 6 months – 1 year (up to 3 with violence) | Immediate imprisonment likely |
The Juzgado de Violencia sobre la Mujer — Marbella
Domestic and gender violence cases in Marbella are handled by the Juzgado de Violencia sobre la Mujer de Marbella. This specialist court moves quickly and operates under procedural rules that differ significantly from ordinary criminal courts. Our criminal lawyer has extensive experience before this court and understands its specific practices, expectations and procedural requirements.
False Domestic Violence Accusations in Marbella
Sadly, false or exaggerated domestic violence complaints are a known feature of acrimonious separations and custody disputes in Spain. A fabricated allegation can be used strategically to obtain a restraining order, gain exclusive use of the family home, or influence child custody proceedings.
Our Marbella criminal lawyer aggressively defends false accusations by:
- Documenting all communications between you and the complainant demonstrating the absence of violence
- Gathering evidence of motive — ongoing divorce, custody dispute, financial claims
- Interviewing witnesses who can attest to the true nature of the relationship
- Presenting expert psychological evidence where the complainant's account is inconsistent or implausible
- Challenging medical reports and forensic evidence used to support the allegation
Restraining Order (Orden de Alejamiento) Defence
A restraining order in Spain can be issued as a precautionary measure within hours of a complaint — before any hearing — forcing you from your home and preventing contact with your children. We attend urgent hearings to contest these measures immediately and seek their lifting where the evidence does not justify them.
Immigration Consequences of a Domestic Violence Conviction
For foreign nationals living in Marbella, a domestic violence conviction carries significant immigration consequences including potential deportation, loss of residency and repatriation. We advise international clients on these risks from day one and work to achieve outcomes that protect their right to remain in Spain.