What to Do When Facing Domestic Violence Charges

Have you been accused of domestic violence? Facing a domestic violence charge can be devastating and mark a turning point in your personal and professional life. Domestic violence cases have great relevance in the social and political sphere.

According to recent data from the Judicial Branch, during the third quarter of 2024, 53,147 domestic violence complaints were filed. In the same period, judicial bodies issued 13,810 sentences, of which 82.80% resulted in convictions. In the Community of Madrid, complaints increased by 7.5% compared to the previous year, reflecting an upward trend in this type of proceedings.

If you have been accused of this type of crime and believe the complaint is false, it is natural to feel confused and overwhelmed. Although current regulations prioritize the protection of female victims, it is also essential to ensure that judicial processes are fair, especially in situations where doubts arise about the authenticity of the accusations.

These situations are often marked by complex personal dynamics that require careful and fair analysis. In this context, having the support of an expert domestic violence attorney is important to design a defense strategy tailored to the specific circumstances of your case.

What are the penalties for domestic violence

The Spanish Criminal Code regulates various conducts under the domestic violence framework. Penalties depend on the severity of the crime and the circumstances:

• Abuse without injuries: From six months to one year in prison, or 31 to 80 days of community service.
• Serious injuries: Sentences of 2 to 5 years in prison if medical or surgical treatment is required.
• Minor threats: Up to one year in prison, or 31 to 80 days of community service.
• Minor coercion: Up to one year in prison or community service of 31 to 80 days.
• Persistent harassment: Up to 2 years in jail.

The penalties for domestic violence could be aggravated when committed in the presence of minors, using weapons or dangerous objects, violating protective measures, or in the common home or that of the victim.

Are there aggravating factors in domestic violence crimes?

The gender aggravating factor is a circumstance that modifies criminal responsibility established in article 22.4 of the Spanish Criminal Code. This aggravating factor applies to crimes committed with motivation based on hatred, discrimination, or contempt based on gender. Its purpose is to increase the penalty when the crime is caused by or conditioned by a discriminatory conception of gender, such as the idea of male superiority over women. P