Gender violence vs domestic violence in Spain: the differences

In everyday language the two terms are used interchangeably, but in law they are not the same. Whether the facts are classified as gender violence or as domestic violence changes the body that investigates the case, the sentence that can be imposed and the aid the victim is entitled to. If you are involved in proceedings, whether as a victim or as the accused, it is worth understanding this distinction properly. And if the facts alleged against you are not true, see also how to prove your innocence against a false accusation.

What gender violence means under the law

Organic Law 1/2004 on Comprehensive Protection Measures against Gender Violence sets out its purpose in article 1: to act against the violence that, “as a manifestation of discrimination, the situation of inequality and the power relations of men over women”, is inflicted on women by those who are or have been their spouses or who are or have been linked to them by similar emotional relationships, even without living together.

Its key elements are:

• Victim: a woman.
• Abuser: a man who is or has been her partner (husband, boyfriend, ex-partner), whether or not they lived together.
• Scope: any act of physical and psychological violence, including sexual assaults, threats, coercion and arbitrary deprivation of liberty (art. 1.3).
• Children: since Organic Law 8/2021, it also covers violence inflicted on the woman’s minor relatives or people close to her with the aim of harming her (art. 1.4).

What domestic violence means

Domestic violence does not have its own comprehensive law; it is defined on the basis of article 173.2 of the Criminal Code, which lists the protected persons:

• A current or former spouse or partner, even without living together (when it is not gender violence, for example if the victim is a man).
• Descendants, ascendants or siblings, whether one’s own or those of the spouse or cohabiting partner.
• Minors or persons with disabilities in need of special protection who live with the abuser or are under the parental authority, guardianship or care of the spouse or cohabiting partner.
• Any other person who is part of the family household.
• Particularly vulnerable persons in custody or care in public or private institutions.

Therefore, an assault by a son on his mother, by a woman on her male partner or by a father on his child is domestic violence, provided there is no gender violence element.

Comparison table

When the victim is a man

If a man is assaulted, threatened or coerced by his partner or ex-partner, the facts amount to domestic violence. The law does not leave him unprotected:

• He can report it at a police station or court, and the case is investigated by the Investigating Section.
• He can apply for a protection order (orden de protección), because article 544 ter of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim) protects everyone listed in article 173.2 CP.
• If there is a conviction for these offences, an order prohibiting the offender from approaching the victim is mandatory (art. 57.2 CP).
• In family proceedings, articles 92.7 and 94 of the Civil Code (Código Civil) rule out joint custody and contact when there is well-founded evidence of domestic or gender violence, regardless of the victim’s sex.

What he does not have are the specific rights under Organic Law 1/2004, and some minor conduct (threats or coercion without weapons) carries a lower sentence. If you are in this situation, or if you are facing cross-complaints in which both partners have reported each other, the legal strategy is particularly delicate.

Why the classification matters

The difference in sentences between article 153.1 and article 153.2 was challenged before the Constitutional Court, which held it to be constitutional in judgment STC 59/2008 of 14 May, on the grounds that it reflects the particular seriousness of assaults committed in a context of inequality. Today the classification has very practical consequences:

1. Jurisdiction: it determines which section investigates, with what specialisation, and whether it also takes on the divorce and custody proceedings.
2. Sentence: several types of minor conduct are offences in gender violence cases but only minor offences, with lighter penalties, in domestic violence cases.
3. Rights: only certification as a victim of gender violence gives access to specific financial aid and employment rights.
4. Defence: for the accused, disputing whether the elements of gender violence are present (for example, whether there was an emotional relationship) can change the course of the proceedings.

There are borderline cases that need careful analysis, such as casual relationships or the effect of a legal change of sex in the civil register, which we cover in legal gender change and the gender violence law. And remember that violence is not only physical: psychological abuse is also an offence in both contexts.

Frequently asked questions

What is the difference between gender violence and domestic violence?

Gender violence is violence by a man against a woman who is or has been his partner, even without living together, as a manifestation of inequality (Organic Law 1/2004). Domestic violence is violence suffered by other members of the family circle listed in article 173.2 of the Criminal Code, such as children, parents, siblings or a man assaulted by his partner. The court, some sentences and the victim’s rights all change.

Can a man be a victim of gender violence?

Not in the legal sense. Organic Law 1/2004 protects women against violence by their male partners or ex-partners. When the victim is a man, the facts are classified as domestic violence: he can report it, apply for a protection order and obtain a conviction with a mandatory restraining order, although he does not have the specific rights under Organic Law 1/2004.

Which court handles domestic violence cases?

The Investigating Section of the Court of First Instance for the place where the events occurred, which replaced the former investigating courts following Organic Law 1/2025. The Violence against Women Section only takes on offences against children or other relatives when an act of gender violence against the woman has also taken place.

Is the sentence for abuse the same in gender violence and domestic violence cases?

Not always. Assault or minor injury carries six months to one year in prison in gender violence cases (art. 153.1 CP) and three months to one year in domestic violence cases (art. 153.2). Minor threats and coercion are offences in gender violence cases and, in general, minor offences in domestic violence cases. Habitual abuse carries the same sentence in both cases.

Knowing how your case is classified is the first step towards properly defending your interests, whether you are the victim or the accused. In Alicante, Celeste Pérez Bleda offers a dual approach backed by 20 years of experience in criminal law: defending women who are victims of gender violence and defence in domestic violence cases, including fast-track trials (juicios rápidos). Call 607 449 491, available 24 hours a day, and we will advise you with no obligation.