Gender-Based Violence: Victims' Rights and the Legal Process

What is gender-based violence according to the law?

Organic Law 1/2004 on Comprehensive Measures for Protection against Gender-Based Violencedefines gender-based violence as violence perpetrated against women by individuals who are or have been their spouses, partners, or with whom they have had similar intimate relationships, even if they have not lived together.

This violence can take the form of:

• Physical contact:hitting, shoving, injuries of any kind.
• Psychological:threats, control, humiliation, isolation.
• Sexual:any non-consensual sexual act.
• Financial:lack of money, inability to work.
• Digital:control through devices; sharing of intimate images without consent.

Victims' Rights

Victims of gender-based violence are legally entitled to the following rights:

• The right to free and immediate legal assistance, regardless of the victim’s financial means.
• The right to informationregarding available protective measures and the status of the proceedings.
• The right to be heardand to have one's testimony taken into consideration.
• Right to the confidentialityof personal data and address.
• Right to a protection orderand to urgent protective measures.
• Right to comprehensive social services:psychological, employment, financial, and shelter services.
• Specific employment rights:justification of absences, reduced work hours, job transfer, suspension of the employment contract.
• Financial assistance:the Active Integration Income (RAI) for victims facing employment barriers.

How to File a Complaint: Steps and What to Expect

You can file a complaint at:

• Any police station or Civil Guard post(there are units specializing in domestic violence).
• Go directly to the Duty Court.
• A hospital's emergency department, if you have sustained injuries (the doctor is required to report this to the court).

You are not required to have a lawyer present when filing a report, but it is highly recommended.A specialized attorney can guide you before you file the reportso that your account is as complete and effective as possible.

What happens after the complaint is filed?

The on-call court initiates urgent proceedings. Within the next 72 hours, the judge may issue aprotection orderand interim measures. The victim will be summoned to confirm the complaint.

Protective Order and Precautionary Measures

A protection orderis a court order that establishes immediate protective measures for the victim. It may include:

• Restraining order:The abuser may not come within X meters of the victim or contact them.
• Leaving theperpetrator's home.
• Suspension of parental authorityor custody of the children.
• Suspension of visitation rights.
• Emergencyeconomic assistancemeasures.

The legal process

Cases of gender-based violence are heard in theCourts for Violence Against Women, which are specialized courts. The process consists of:

1. Preliminary investigation phase:investigation of the facts, collection of evidence, and statements from the victim and the suspect.
2. Trial:before the Criminal Court. The victim has the right to be accompanied by their attorney and not to come into physical contact with the perpetrator.
3. Sentencing and enforcement:Typical penalties include imprisonment, a permanent restraining order, and, where applicable, civil liability.

Resources and support services

• 016:24-hour customer service line (does not appear on your phone bill).
• EMUME:Civil Guard Women and Minors Unit.
• UFAM:Family and Women's Unit of the National Police.
• Victim Assistance Centers (PAV)in courthouses throughout Spain.
• Sheltersoperated by state governments and local municipalities.

At Ricardo Molina & Associates, we offer specialized and completely confidential legal assistance to victims of gender-based violence. You are not alone. Contact us when you are ready.