Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Domestic violence in Guía, Spain, is addressed through a combination of national criminal and social-protection laws together with local services. Spanish law recognizes many forms of abuse - physical, sexual, psychological, economic and controlling behaviour - and provides criminal sanctions, urgent protection measures and social support for victims. There is a specialized legal framework for gender-based violence - violence committed by a current or former intimate partner who is a man against a woman - and general criminal rules that apply to other kinds of family or domestic abuse.
Practical responses to domestic violence are coordinated at several levels - emergency responders (police and health services), municipal social services, provincial judicial structures and national victim-support systems. If you are in immediate danger call the emergency number - 112. There is also a national helpline for gender violence - 016 - which provides advice and information by phone.
A lawyer can help you understand your options, protect your legal rights and represent you in criminal, civil and family proceedings. Common situations where legal help is useful include:
- Filing a criminal complaint (denuncia) and following the criminal process.
- Seeking an orden de protección or other precautionary measures - for example, an alejamiento order - to keep the alleged aggressor away from you and your children.
- Handling separation or divorce where abuse is an issue - securing safe custody or restricting contact with children.
- Applying for civil compensation for damages, loss of earnings or medical costs.
- Accessing free legal aid (asistencia jurídica gratuita) if you qualify by income or as a victim of gender violence.
- Dealing with immigration consequences - obtaining or renewing a residence permit on grounds of gender violence or domestic abuse.
- Defending against false accusations - ensuring your rights are protected if you are wrongly accused.
Key legal features and processes relevant in Guía include:
- National legal framework - Organic Law 1/2004 establishes integrated measures for gender-based violence, and the Spanish Criminal Code criminalizes assault, threats, sexual offences, stalking, coercion and other forms of domestic abuse.
- Specialized judicial response - cases of gender-based violence are handled by specialized courts and prosecutors that prioritise rapid protection measures and coordination with social services. In small municipalities the court with competence may be located in the provincial capital.
- Immediate protective measures - a judge may grant urgent measures such as an orden de protección, removal from the family home, restriction of contact, and custody limitations on a provisional basis while criminal proceedings continue.
- Role of police and medical-forensic reports - police can take emergency action and refer victims for medical assessment. Forensic medical reports and health records are important pieces of evidence in court.
- Victim support and rights - victims have the right to legal assistance, psychological and social support, emergency shelter in appropriate cases, and priority processing of certain administrative matters.
- Distinction between violencia de género and other domestic violence - violencia de género is legally defined as violence by a man against a woman in an intimate relationship and triggers specific protections. Other family violence is pursued through the ordinary criminal and civil system but victims still have access to protection orders and services.
If you are in immediate danger call 112. If it is safe to do so leave the location and go to a safe place - a police station, health centre or a trusted friend or family member. Seek medical attention for any injuries and tell the medical staff that the injuries are due to violence so a medical-forensic report can be prepared.
You can report violence to the local Policía Local, Policía Nacional or Guardia Civil station, or directly to a court by filing a denuncia. Police will record the complaint, may take immediate protective measures and refer you to social services. If you need help making the report ask for an interpreter or legal support.
An orden de protección is a judicial protection order that can impose measures against the alleged aggressor - for example, removal from the home, a restraining order, or limits on contact. You can request it when you file a denuncia or through your lawyer. In emergencies police can ask a judge to issue provisional measures immediately.
Provisional measures can be granted immediately and remain in place while criminal proceedings continue or until the judge decides otherwise. The final duration depends on the type of measure and the outcome of criminal and civil proceedings. Measures can be extended, modified or revoked by the court.
Victims of gender-based violence generally have the right to free legal assistance if they meet income requirements or are recognized as victims. The local Colegio de Abogados (bar association) manages legal aid applications. If you cannot afford a lawyer ask police or social services to help you apply for asistencia jurídica gratuita.
Keep any relevant evidence - photos of injuries, medical reports, threatening messages, voicemails, emails, witness statements, police reports, and a detailed diary of incidents with dates and times. Preserve evidence safely and avoid confronting the alleged aggressor to obtain it. Your lawyer will advise on how to present evidence to the court.
Court decisions about custody prioritise the safety and best interests of the children. Serious domestic violence can lead to restricted or supervised contact, suspension of parental authority or temporary removal from the home. Judges examine evidence and may order social reports or expert assessments.
Spain has immigration provisions that may allow victims of gender violence to obtain or renew a residence permit based on their situation. These cases are fact-specific and typically require legal advice. Ask a lawyer or social services for guidance about the documentation and process.
Police can arrest an aggressor in cases of ongoing danger, visible injuries, or when there is a risk of reoffending. Arrest decisions depend on evidence and immediate circumstances. Even if there is no arrest, police can still activate protective measures and the judge can issue protection orders.
If you are accused you have the right to legal defence. Do not speak to investigators without a lawyer if possible. Collect evidence and witnesses that support your version. False accusations do occur, and Spanish courts will examine evidence and testimony. Seek prompt legal representation.
If you need support in Guía consider contacting these types of services and institutions - your local town hall Servicios Sociales, the nearest Policía Local station or Guardia Civil/Policía Nacional, the provincial Juzgado de Violencia sobre la Mujer or judicial office, and the Colegio de Abogados to request legal aid. Use the emergency number - 112 - in immediate danger and call the national gender-violence helpline - 016 - for confidential information.
Other helpful resources include health centres for medical-forensic reports, municipal shelters and crisis accommodation, specialised NGOs that provide psychological and legal support for victims, and the provincial delegation of equality or women’s services. If you are unsure where to go ask the police or social services to refer you to local victim-support services.
If you need legal assistance in Guía - follow these steps:
- Prioritise safety - remove yourself and any children from immediate danger and call 112 if necessary.
- Get medical attention - obtain a medical-forensic report documenting injuries and the cause.
- Report the incident - file a denuncia with police so criminal proceedings and protective measures can begin.
- Gather and preserve evidence - keep records, messages and photographs in a safe place.
- Contact a lawyer - consult a lawyer experienced in domestic and gender-violence matters; request free legal aid if eligible through the local Colegio de Abogados.
- Seek social and psychological support - ask municipal social services or local NGOs about shelters, counselling and financial assistance.
- Prepare for court - follow your lawyer’s instructions, attend hearings and maintain communication with authorities and support services.
Remember - this guide is informational and does not replace personalised legal advice. If possible, speak with a local lawyer or victim support professional who can assess your specific situation and explain options under Spanish law and local procedures in Guía.
