Cross complaints in gender violence cases

When both partners report each other, the consequences for each of them are very different. We design the strategy so that the truth of what happened is not lost in the confusion.

Reviewed by Celeste Pérez Bleda, Bar member no. 7301 · Updated October 2026

In short

Cross complaints arise when both partners accuse each other of assault in the same incident or the same relationship. The Criminal Code (Código Penal) does not treat them equally: physical abuse by a man against his female partner or former partner is punished under article 153.1, with six months to one year in prison or community service, and abuse by a woman against a man under article 153.2, with three months to one year in prison or community service. The woman’s complaint is investigated by the Violence against Women Section (Sección de Violencia sobre la Mujer).

What they are and why they happen

They are common after arguments involving a struggle in which both people suffer minor injuries, or when, after a first complaint, the other person files one in return. They may reflect genuine mutual assault, self-defence or a complaint made for tactical reasons. Telling them apart is the key to the case.

Why they are not treated equally

Abuse by a man against his female partner or former partner is gender violence (article 153.1 of the Criminal Code), with higher penalties and handled by the Violence against Women Section (Sección de Violencia sobre la Mujer).
Abuse by a woman against her male partner is domestic violence (article 153.2).
In both cases a restraining order is imposed if there is a conviction.

How we approach the defence

We reconstruct the facts: who started the assault, what injuries there are and whether they are consistent with each account.
We assess self-defence where the injury was caused while fending off an attack.
We request the medical and forensic reports, and track down witnesses or recordings.
We coordinate both sets of proceedings so that the statements are consistent.