Domestic Violence Attorney in Madrid
Specialized defense in domestic abuse, assault and coercion crimes within the family environment.
Attorney specialized in family environment crimes
If you have been charged with a domestic violence crime, it is essential that you have legal counsel from a domestic violence attorney in Madrid from the very beginning. An arrest, a protection order, a fast-track trial or a possible prison sentence are real scenarios that require immediate legal defense.
The law firm of Victor Avila is dedicated to the representation and defense of individuals under investigation or accused of assault, threats, coercion and habitual abuse in the family environment. Each case requires a specific defense strategy, adapted to the concrete circumstances and the profile of the proceedings.
What is domestic violence?
Domestic violence encompasses all forms of physical or psychological abuse that occurs within the family environment, provided it does not fall within the legal definition of gender-based violence. This includes very diverse situations:
- Woman against man: aggression by a woman toward her male partner.
- Between siblings: violent conflicts between members of the same family.
- Parents against children: abuse by parents toward their children.
- Same-sex couples: violence in homosexual relationships.
- Children against parents (child-to-parent violence): aggression by children toward their parents or ascendants.
According to official data from the General Council of the Judiciary, in 2023 there were 9,126 victims of domestic violence in Spain, an increase of +12% compared to the previous year.
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Difference between gender-based violence and domestic violence
Although both crimes share the context of personal relationships, the law treats them very differently:
- Gender-based violence: limited to violence by a man against a woman who is or has been his romantic partner. It is processed before the Violence Against Women Courts and carries aggravated penalties.
- Domestic violence: encompasses other aggressions within the family unit (between siblings, from children to parents, from woman to man, between same-sex couples). It is processed before the Investigating Courts or ordinary Criminal Courts.
A family violence specialist attorney knows both frameworks and can guide the defense from the beginning of the proceedings.
Penalties for domestic violence in Spain
The Criminal Code contemplates different criminal offenses applicable to violence in the family environment:
- Non-habitual physical abuse (art. 153 CP): prison sentence of 3 months to 1 year, or community service of 31 to 80 days.
- Habitual abuse (art. 173.2 CP): prison sentence of 6 months to 3 years, deprivation of the right to possess weapons and disqualification from exercising parental authority when the judge deems it appropriate.
- Assault (art. 147 et seq. CP): if the aggression causes injuries requiring medical or surgical treatment, penalties range from 1 to 3 years in prison. See also: assault in domestic violence.
- Threats and coercion (arts. 169-172 CP): variable penalties according to the severity of the threat, which can reach up to 5 years in prison in the most serious cases.
In addition to the prison sentence, the conviction usually imposes a restraining order that can extend for several years, prohibition of communication with the victim and, in cases involving minors, suspension of visitation rights or custody.
Specialists in child-to-parent violence: when the aggressor is the child
Child-to-parent violence is one of the forms of domestic violence that has grown the most in recent years. It occurs when a minor or adult child exercises physical, psychological or economic aggression against their parents or ascendants.
When the aggressor is of legal age, the proceedings are processed as a domestic violence crime before ordinary criminal jurisdiction. If the aggressor is between 14 and 17 years old, jurisdiction corresponds to juvenile courts under LO 5/2000. In both cases, early intervention by a family violence attorney is crucial.
What is a domestic violence trial like?
Domestic violence proceedings share some characteristics with gender-based violence cases, although with relevant differences:
- Fast-track procedure: when the suspect is arrested, the case is processed as urgent proceedings with trial held within a very brief timeframe.
- Protection order: the victim can request a protection order that includes removal from the home, prohibition of approach and provisional civil measures.
- Public Prosecutor intervention: the Prosecutor’s Office exercises public prosecution and can maintain it even if the victim does not wish to continue with the proceedings.
- More moderate penalties than in gender-based violence: although the consequences are serious, the criminal treatment is less severe than that provided for gender-based violence.
- Definitive restraining orders: in case of conviction, approach prohibitions are imposed that condition family coexistence for years.
- Civil liability: the sentence may include the obligation to compensate the victim for physical and psychological damages caused.
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How does a domestic violence specialist attorney help you?
A domestic violence attorney in Madrid with experience in this type of proceedings designs an effective defense strategy:
- Immediate legal assistance from police detention or first statement. We have 24-hour detainee assistance service.
- Challenge of disproportionate or unjustified protection orders.
- Evidence analysis: critical assessment of injury reports, witness statements and expert reports.
- Negotiation with the Prosecutor’s Office when plea agreement is the most favorable option.
- Defense at oral trial with knowledge of applicable judicial criteria in Madrid.
- Coordination with civil defense when the proceedings affect child custody or use of the family home.
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Articles on domestic violence, family abuse and specialized criminal defense in Madrid.
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