Family lawyer for gender violence cases in Alicante

When criminal proceedings are open, divorce, custody and maintenance are decided by a different court under different rules. We handle both sides with one strategy so that they do not contradict each other.

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

In short

If there are criminal proceedings for gender violence, family matters between the victim and the person under investigation (separation, divorce, custody, maintenance) fall to the Violence against Women Section (Sección de Violencia sobre la Mujer), and any civil court already dealing with them must transfer them to it. In these proceedings mediation is prohibited, joint custody is not possible while the parent is facing criminal proceedings or there are well-founded indications of violence (article 92.7 of the Civil Code), and contact is, as a general rule, excluded (article 94).

Which court handles your case

The Violence against Women Section of the Court of First Instance (Sección de Violencia sobre la Mujer del Tribunal de Instancia) deals with both the criminal and the civil side when there is gender violence. This means the same judge who knows about the risk decides on the children, the family home and maintenance. If family proceedings were already under way in another court, that court must transfer them to the Violence against Women Section.

What changes when there is violence

No mediation: the law prohibits it in gender violence cases.
Custody: joint custody is ruled out in the situations covered by article 92.7 of the Civil Code (Código Civil).
Contact: it is suspended in the situations covered by article 94 of the Civil Code, unless there is a reasoned decision based on the best interests of the child.
Urgency: civil measures can be adopted within the protection order itself, initially valid for 30 days.