How gender violence affects children and how to protect them

When there is violence at home, one of the first concerns of any mother is how to stop her children from continuing to suffer. And many fathers who have been reported wonder what will happen to their relationship with them. This guide explains what the law says, which measures can be requested and where the forthcoming vicarious violence law currently stands.

Children as direct victims of gender violence

Organic Law 1/2004 (Ley Orgánica 1/2004) includes among the victims the woman’s minor children and any minors under her guardianship or custody (art. 1.2). Since the reform introduced by Organic Law 8/2021 on the comprehensive protection of children and adolescents against violence, gender violence also covers violence inflicted on relatives or close persons who are minors with the aim of harming the woman (art. 1.4). This is what is known as vicarious violence.

The scale of the problem is enormous. According to the Ministry of Equality’s 2024 Macro-survey on Violence against Women (Macroencuesta de Violencia contra la Mujer 2024), published in December 2025, between 1,197,360 and 1,824,875 minors were living in households where the woman was suffering some form of violence at the hands of her partner.

How violence affects children

A child does not need to be hit to be a victim. Hearing the shouting from their bedroom, seeing their mother afraid or living in constant tension all affect them. Each child reacts differently depending on their age and surroundings, but the signs professionals tend to observe are:

• Fear, anxiety, sleep problems or nightmares.
• Sudden changes in behaviour: aggression, withdrawal or regression in younger children.
• Difficulty concentrating and falling performance at school.
• Feelings of guilt or a need to protect their mother or siblings.
• Learning relationship patterns based on control and violence. That is why it is so important to detect gender violence among teenagers early.

If you want to know more about the long-term after-effects, read the psychological effects of gender violence.

Legal measures to protect children

Suspension of contact

Article 66 of LO 1/2004 provides that the judge will order the suspension of the contact, residence, relationship or communication arrangements of the person charged with gender violence in respect of the minors who depend on him. If, in the best interests of the child, the judge decides not to suspend them, he or she must rule on how they will be exercised and adopt measures to guarantee the safety of the children and the woman.

Along the same lines, when a protection order (orden de protección) with criminal measures is issued and there are well-founded indications that the children witnessed, suffered or lived with the violence, the judge will suspend contact, unless a reasoned decision based on the best interests of the child provides otherwise (art. 544 ter.7 LECrim).

No shared custody or contact while criminal proceedings are ongoing

Following the 2021 reform, article 94 of the Civil Code (Código Civil) provides that no contact arrangement is to be granted, and any existing one is to be suspended, in respect of a parent who is subject to criminal proceedings for an offence against the life, physical integrity, freedom, moral integrity or sexual freedom of the other spouse or of their children, nor where there are well-founded indications of domestic or gender violence. Only exceptionally may the judge set contact in a reasoned decision based on the child’s interests and after assessing the parent-child relationship. If the parent is in prison for those offences, contact is not possible under any circumstances.

For its part, article 92.7 of the Civil Code excludes shared custody in those same situations and expressly includes cruelty to animals, or the threat of it, as a means of controlling or victimising the family.

Parental authority

Parental authority (patria potestad: deciding on education, health or place of residence) is different from custody. It can be affected in several ways:

• Interim suspension in the criminal proceedings (art. 65 LO 1/2004 and, where the child is the victim, art. 544 quinquies LECrim).
• Disqualification as a penalty: for example, the offence of abuse under art. 153.1 CP allows the court to impose disqualification from exercising parental authority for up to five years where the judge considers it appropriate in the child’s interests.
• Deprivation by a judgment based on failure to fulfil the duties inherent in it, or handed down in criminal or matrimonial proceedings (art. 170 CC).

Family Contact Centre

When the judge maintains some form of contact with the parent under investigation, it is common for this to be ordered through a Family Contact Centre (Punto de Encuentro Familiar): a neutral service where handovers and collections take place, or visits supervised by professionals, without the mother and father having to meet. In the Valencian Region (Comunitat Valenciana) these centres are regulated by Regional Law 13/2008 of the Generalitat, and Law 7/2012 provides for specific protocols in cases of violence against women.

The child’s right to be heard

Children have the right to be heard in any proceedings that affect them, with the hearing adapted to their age and maturity. Organic Law 1/1996 on the legal protection of minors considers that a child is sufficiently mature, in any event, from the age of twelve (art. 9.2). The Civil Code requires children with sufficient judgement to be heard before deciding on custody where this is considered necessary (art. 92.6) and provides for the child to be heard when setting contact arrangements (art. 94).

The interview is usually conducted without the parents present, sometimes with the support of the court’s psychosocial team.

Psychological care without the other parent’s consent

Normally, taking a child to a psychologist requires the consent of both parents. Article 156 of the Civil Code (a paragraph introduced by Royal Decree-Law 9/2018) establishes an exception: the consent of one parent is enough for psychological care of minor children where:

• There is a conviction against the other parent, for as long as the criminal liability has not been extinguished, or criminal proceedings have been brought against him for an offence against their common children or against the other parent; or
• Even if no complaint has been filed, the woman is receiving assistance from a specialist gender violence service that issues a report confirming that situation.

The other parent must be informed beforehand. If the child is over sixteen, their own express consent is required in all cases.

The vicarious violence law: going through Parliament, not yet in force

On 14 July 2026 the Council of Ministers approved the Draft Organic Law on measures concerning vicarious violence (Proyecto de Ley Orgánica de medidas en materia de violencia vicaria), published in the Official Gazette of the Spanish Parliament (Boletín Oficial de las Cortes Generales) on 27 July 2026. On 30 September 2026 the plenary session of the Congress of Deputies rejected the amendment to the whole tabled against the text, which is continuing its passage through Parliament with the partial amendments stage.

According to the Ministry of Equality, the bill defines vicarious violence, provides for deprivation of parental authority following a final conviction for certain serious offences, limits shared custody where it may harm the children and makes it compulsory to hear the children in all cases. It is a bill, not a law in force: the rules described above apply today. You can find more information in our article on vicarious violence.

If you are the father who has been reported

The suspension of contact while the criminal proceedings last is an interim measure, not a conviction. The law allows the judge to maintain contact arrangements in a reasoned decision based on the child’s interests, often in supervised form. If the case is dismissed or circumstances change, you can apply for a modification of measures. In the meantime, comply strictly with the prohibitions and keep documentary records of your involvement in your children’s lives.

Frequently asked questions

Are children victims of gender violence even if they are not hit?

Yes. Organic Law 1/2004 recognises the woman’s minor children as victims of this violence and guarantees them assistance. Since 2021 it also covers violence inflicted on them in order to harm the mother. In addition, the judge must assess whether the children witnessed, suffered or lived with the violence when deciding whether to suspend contact.

Can a father reported for gender violence see his children?

As a general rule, no. Article 94 of the Civil Code prevents contact for a parent who is subject to criminal proceedings for violence against the other parent or the children, or where there are well-founded indications of violence. The judge may only allow it exceptionally, in a reasoned decision based on the child’s interests and after assessing the parent-child relationship. If he is in prison for those offences, contact is not possible.

Can I take my child to a psychologist without the father’s permission?

Yes, in the cases set out in article 156 of the Civil Code: where there is a conviction or criminal proceedings against the father for an offence against the children or against you, or where you are being assisted by a specialist gender violence service that issues a report. You must inform the father beforehand, and if your child is over sixteen you will also need their consent.

Has the vicarious violence law been passed?

No. As of October 2026 it is a draft organic law approved by the Council of Ministers on 14 July 2026, which passed the debate on the whole in Congress on 30 September and is still going through Parliament. Until it is finally approved and published in the BOE (Spain’s Official State Gazette), Organic Law 1/2004, the Civil Code and the Criminal Procedure Act currently in force apply.

Protecting your children requires acting quickly and with good coordination between the criminal and family proceedings. Celeste Pérez Bleda handles both fronts, with 20 years of experience in criminal law and in family proceedings linked to violence. You can see how we work in child custody cases involving gender violence and as a family lawyer in cases of violence, or call us on 607 449 491, 24 hours a day.