Best Domestic Violence Lawyers in Bilbao

About Domestic Violence Law in Bilbao, Spain

Domestic violence in Spain covers a range of criminal and civil situations in which one family or household member abuses another. In Bilbao - as in the rest of Spain - there are two related but distinct legal frameworks you may encounter. One is the national criminal-law system, which treats assaults, threats, sexual offences, stalking, homicide and related crimes under the Penal Code. The other is the special legal framework for gender-based violence - the Organic Law 1/2004 on Integrated Protection Measures against Gender Violence - which provides specific protections and procedures when violence is committed by a current or former intimate partner against a woman. Courts and public services in Bilbao implement both systems. There are also local social and police services in Bizkaia that focus on prevention, protection and victim support.

Why You May Need a Lawyer

Domestic violence cases often involve urgent safety issues, criminal proceedings, civil protection measures and family-law matters at the same time. You may need a lawyer in situations such as:

- You want to file a criminal complaint or do not know how the police report will be sent to the public prosecutor.

- You need immediate protection measures - for example, a restraining order, removal of the alleged abuser from the home, or orders limiting contact with you and your children.

- Custody, visitation, child protection or housing questions arise during or after the violence.

- You require legal advice about evidence - what to collect and how to obtain medical reports and forensic documentation.

- You are a non-Spanish national and have concerns about immigration status, residence permits or access to public benefits as a victim.

- You are facing criminal charges yourself arising from a domestic incident and need defence counsel.

- You want to apply for legal aid or need representation in hearings before specialised courts or during appeals.

Local Laws Overview

Key legal elements relevant in Bilbao include:

- Dual legal paths - Gender-based violence law and general criminal law. Gender-based violence law applies when violence is perpetrated by a current or former intimate male partner against a woman. It provides specialised procedures, victim rights and protection measures. Other forms of household violence - including between other family members or where the genders of victim and perpetrator do not fall within the gender-violence definition - are addressed under the Penal Code and family law.

- Specialized courts and prosecutors - Spain has specialised Juzgados de Violencia sobre la Mujer and specialised prosecutors for gender violence. In Bilbao those specialised resources handle gender-based violence cases, while general criminal and family courts handle other domestic violence matters.

- Immediate protective measures - Police and prosecutors can request urgent measures such as removal of the aggressor from the shared home, restraining orders forbidding approach or communication, and other provisional measures to protect victims and children.

- Criminal penalties - Assault, threats, sexual offences, stalking, and more serious crimes carry penalties under the Penal Code. Convictions can lead to imprisonment, fines, and restraining or rehabilitation orders.

- Civil and family measures - Family courts handle custody, visitation, guardianship and access issues. Judges may modify custody and visitation rights to safeguard children, and they can order supervised contact or suspend parental authority where risk is found.

- Victim rights and services - Victims of gender-based violence have guaranteed rights to information, legal and psychological assistance, medical and social services, and in many circumstances to free legal aid. Public authorities and NGOs provide shelters and specialised social support in Bizkaia.

- Evidence and documentation - Medical reports, forensic examinations, photographs, messages, witness statements and any police reports are important for both criminal and civil proceedings. A medical-partes de lesiones is commonly used to document injuries.

- Language and interpretation - In the Basque Country courts and services operate in Spanish and Basque. Interpretation services are available when needed.

Frequently Asked Questions

How do I report domestic violence in Bilbao?

You can report violence to the police - in Bilbao that may be the Ertzaintza or local municipal police - or to national police authorities where applicable. You can also go to a hospital and request a medical report or ask for help at a social services office. In an emergency call the emergency number. A formal police report - denuncia - starts an official criminal investigation and can lead to immediate protective measures.

What is the difference between gender-based violence and domestic violence?

Gender-based violence under Spanish law specifically protects women who suffer violence from current or former male intimate partners. It triggers specialised procedures, courts and victim protections. Domestic violence is a broader concept that covers abuse between family or household members regardless of gender or relationship, and it is handled under general criminal and family law.

Can the police or courts remove the abuser from the home?

Yes. Police can take immediate measures to protect you in an emergency. Judges can order precautionary measures including removal of the alleged abuser from the shared home and prohibition to approach or contact you. Such measures can be granted urgently when the court assesses there is a risk to safety.

Will the abuser automatically be arrested?

Arrest depends on the facts and the perceived risk. If there is clear ongoing danger, active violence, visible injuries or credible threats, police often detain the suspected aggressor and the prosecutor can request judicial measures. In other cases the matter may proceed through investigation and court proceedings without immediate detention.

What should I do to preserve evidence?

Seek medical attention and ask for a medical-partes de lesiones. Keep any messages, emails, photographs, recordings, witness names and dates. Save police or medical reports and document dates and descriptions of incidents. Do not destroy potential evidence. Ask your lawyer or victim services for help collecting and preserving evidence safely.

Can I get free legal aid?

Victims of gender-based violence often have access to free legal assistance and representation under Spanish law. There are also means-tested legal aid programs for others who meet income and asset requirements. Contact the local Bar Association or a specialised victim service in Bilbao to check eligibility and request a lawyer.

What happens to custody and visitation if I report violence?

Family courts prioritize the safety and best interests of the child. If there is proven risk, a judge can restrict or suspend visitation, order supervised contact, or modify custody arrangements. These decisions may be provisional until the court completes a full assessment. You should raise child protection concerns early and provide any evidence of risk.

Where can I find emergency shelter and social support in Bilbao?

Local public social services, provincial authorities and NGOs run shelters and support programs for victims. If you are in immediate danger call the emergency number or ask police for shelter referral. Social services can help with housing options, financial assistance, psychological support and reintegration services.

Will reporting affect my immigration status if I am not a Spanish citizen?

Reporting violence does not automatically harm a victim s immigration case. There are procedures and special protections that may assist non-nationals who are victims, including access to services and, in some circumstances, immigration support or temporary permits. Immigration consequences are complex - get specialised legal advice from a lawyer or victim service that handles immigration and gender-violence matters.

How long does a domestic violence case usually take?

There is no single timeline. Emergency protective measures can be issued quickly; criminal investigations and trials can take weeks to many months depending on complexity, evidence and court schedules. Civil family proceedings have their own timelines. Your lawyer can explain the likely process for your specific case and help with interim protection.

Additional Resources

Consider contacting these types of local resources and public bodies for help and information:

- Emergency services - use the national emergency number in immediate danger.

- 016 - the Spanish national telephone service for victims of gender-based violence offers information and guidance and operates with confidentiality.

- Ertzaintza and municipal police - for immediate police response and filing a denuncia.

- Juzgados de Violencia sobre la Mujer and local criminal and family courts in Bilbao - specialised judicial bodies that handle gender-based violence and related family matters.

- Fiscalía - the public prosecutor s office has specialised units for gender-based violence and can guide prosecution processes.

- Emakunde - the Basque Institute for Women and regional equality services provide information, prevention and support initiatives in the Basque Country.

- Diputación Foral de Bizkaia and Ayuntamiento de Bilbao social services - local services that provide victim support, shelters and social assistance.

- Ilustre Colegio de la Abogacía de Bizkaia - the local Bar Association can help locate specialised lawyers and inform about legal aid procedures.

- NGOs and shelters - local non-governmental organisations, women s associations and international aid groups operating in Bizkaia offer counselling, legal support and accommodation for victims.

- Health services - hospitals and primary care centres can issue medical reports and refer you to social and psychological support services.

Next Steps

If you or someone you know is facing domestic violence in Bilbao, consider the following practical steps:

- Ensure immediate safety - if you are in danger call the emergency number right away.

- Seek medical attention - get any injuries documented by health services and request a medical-partes de lesiones.

- Report the incident - you can file a denuncia with the police. Ask for a copy of any police report.

- Contact victim support - contact local social services, a specialised NGO or the 016 service for confidential guidance and referrals to shelters, counselling and legal aid.

- Consult a lawyer - especially for help with protective measures, criminal complaints, custody matters and immigration questions. If you cannot afford a lawyer, ask about free legal aid or a lawyer assigned under victim protection schemes.

- Preserve evidence - keep records of messages, photos, medical reports and witness details in a safe place.

- Make a safety plan - think about safe routes, emergency contacts, access to cash, a packed bag and a secure place to go. Victim services can help you create a practical safety plan.

- Stay informed - ask authorities or your lawyer about the progress of investigations and the protections available to you and your children.

If you have specific questions about your situation, seek personalised legal advice from a lawyer experienced in domestic violence and family law in the Basque Country. Local specialists can explain how national and regional procedures apply to your case and help you access protection and support.