Domestic violence lawyer in Alicante: defence for men

A gender violence complaint can mean a night in a police cell and leaving with a restraining order that keeps you away from your home and your children. We defend you from the very first minute, rigorously and without prejudice.

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

In short

When a woman reports her partner or former partner, the case is handled as gender violence by the Violence against Women Section (Sección de Violencia sobre la Mujer), and the man under investigation keeps all his guarantees: the presumption of innocence, the right to remain silent and the right to a lawyer of his choice. If it is the man who suffers violence from his partner, the facts amount to domestic violence (articles 153.2 and 173.2 of the Criminal Code) and are investigated by the investigating section. Making a false complaint is a criminal offence (article 456 of the Criminal Code).

If you have been reported

Being reported does not make you guilty. Your defence starts at the police station and is built on evidence:

Assistance during arrest and when you give your statement, with a private interview with your lawyer beforehand.
Opposing a protection order and precautionary measures that lack sufficient grounds.
Examining the credibility of the accusation: contradictions, ulterior motives, messages and witnesses.
Requesting investigative steps that support your account: expert reports, witnesses, communication records.
If the complaint is false, taking action for false accusation and false reporting once the proceedings are over.

Mistakes to avoid

Do not contact the complainant, directly or through others, even if she writes to you: if there is a restraining order (orden de alejamiento), contact is the offence of breach (quebrantamiento) even if she agrees to it.
Do not delete messages or conversations: they may be your best evidence.
Do not make a statement without your lawyer, and do not post anything about the case on social media.

If you are the one suffering violence

Men can also be victims of violence in a relationship. In that case the facts are classed as domestic violence, and you have the same rights to report, to ask for protection measures and to join the proceedings as a private prosecutor (acusación particular). We support you with the same seriousness.

Frequently asked questions

Can I be removed from my home because of a complaint?

Yes. As a precautionary measure, the judge can order you to leave the home and prohibit you from going near it. That is why your defence at the protection order hearing is so important.

What happens if she withdraws the complaint?

The proceedings continue, because it is a public offence. What can happen is that the victim exercises her right not to testify against her partner, except in the situations excluded by article 416 of the Criminal Procedure Act following Organic Law 8/2021.

Can I take action against someone who has falsely reported me?

Yes, by filing a criminal complaint (querella) for false accusation and false reporting (article 456 of the Criminal Code), which normally requires waiting for a final judgment or for the original proceedings to be dismissed.

Legal basis