How to report gender violence in Alicante, step by step

Taking the step to report gender violence in Alicante is hard, and it is normal to have questions: where to go, what to say, what to bring, or what will happen afterwards with your home and your children. You do not need to have everything worked out before you start. Here we explain the process and your rights at each stage.

Before you report: your safety and your right to a lawyer

If you are in immediate danger, ask the police or the emergency services for help, and then call Celeste on 607 449 491 (24 hours, also on WhatsApp): we accompany you throughout the process. If it is not an emergency, it is well worth speaking to a lawyer before you report. The law expressly recognises this: victims of gender violence are entitled to free legal advice immediately before making the complaint, and to free legal representation in all proceedings arising from the violence they have suffered (art. 20 of the Gender Violence Act, Ley Orgánica 1/2004).

The Free Legal Aid Act (Ley 1/1996 de Asistencia Jurídica Gratuita) grants this right regardless of your income (art. 2.h). For these purposes you acquire victim status when you file the complaint, and you lose it if there is a final acquittal or the case is dismissed because the facts are not proven, with no obligation to repay what you have already received. You can also choose a lawyer you trust.

Where you can report

• National Police or Guardia Civil, depending on your municipality. Any police station or Guardia Civil post must take your complaint, and we can accompany you.
• Local Police: any officer must attend to you and pass on the facts.
• The duty court, directly.
• The Public Prosecutor’s Office, in writing or verbally (art. 264 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal, LECrim).
• In Alicante city, the Gender Violence Reporting and Victim Support Office, which we explain below.

The complaint can be made in writing or verbally, and it must set out what happened and, if you know them, the details of the person responsible and of any witnesses (art. 265 LECrim).

What to bring when you report

You do not have to bring evidence, but it helps a great deal to provide whatever you have:

• Your identity document, if you have it. Not having it does not prevent you from reporting.
• Medical reports or A&E reports. If you are injured, go to your health centre or hospital, before or after reporting, so that your injuries are documented.
• Screenshots of messages, voice notes, emails or posts, with the date and sender visible.
• Photographs of injuries or damage.
• Names and phone numbers of witnesses.
• A short timeline with the dates of any previous incidents.

If you want more detail, we have an evidence guide on how to prove you are a victim of gender violence.

How reporting works, step by step

1. Information about your rights. From the first contact you must be told about support measures, free legal aid and protection measures (art. 5 of the Victims of Crime Act, Ley 4/2015 del Estatuto de la víctima). You may be accompanied by a person of your choice (art. 4).
2. Your statement. Describe what happened in your own words, including earlier incidents. If you do not remember something exactly, say so.
3. Applying for a protection order. You can apply in the same complaint, to the police, the court, the Public Prosecutor’s Office or a victim support office (art. 544 ter.3 LECrim).
4. Copy of the complaint. You are entitled to a certified copy (art. 6 of the Victims of Crime Act). Ask for it and keep it safe.
5. Referral to the court. The police send their report (atestado) to the Gender Violence Section (Sección de Violencia sobre la Mujer), which will summon you, usually very quickly.

If you do not speak Spanish well: your right to an interpreter

If you do not speak or understand Spanish, you are entitled to free language assistance when reporting and to a written translation of the copy of your complaint (art. 6.b of the Victims of Crime Act). You are also entitled to a free interpreter when you give a statement to the police, the prosecutor or the judge, and at trial (art. 9). Our team can assist you in English.

Foreign women: you can report whatever your situation

Article 31 bis of the Immigration Act (Ley Orgánica 4/2000 de extranjería) guarantees foreign women who are victims of gender violence the rights under LO 1/2004 whatever their administrative status. If it comes to light when you report that you are in Spain irregularly, no sanctioning proceedings will be opened on that ground, and any proceedings already open and any expulsion orders are suspended. With a protection order or a prosecutor’s report you can apply for a residence and work permit on exceptional grounds. Bear in mind that if the criminal proceedings end without the violence being proven, the file may be reopened, which is why it is important to report with proper legal advice.

What happens after you report

After the complaint, the police may arrest the accused or summon him to court. The Gender Violence Section will take your statement and decide on the protection order at a hearing that must be held within 72 hours of the application at most, with statements taken separately (art. 544 ter.4 LECrim). It may order measures such as a ban on approaching or contacting you; see our service on restraining orders in gender violence cases. It may also order civil measures on the home, custody and maintenance.

Depending on the case, the proceedings will continue as a fast-track trial (juicio rápido) or as preliminary proceedings (diligencias previas). You can join the case as a private prosecutor (acusación particular) with your lawyer at any time (art. 20.7 LO 1/2004). If you have children and expect a separation, it is best to coordinate this from the outset with a family lawyer specialising in gender violence.

The complaint, or a protection order, also opens the door to support entitlements: our article on financial aid for victims of gender violence explains which ones.

Where to report gender violence in Alicante

These are the public services in the city that we have checked on the official Generalitat Valenciana websites:

The Reporting Office is staffed by National Police officers together with staff from the Generalitat’s victim support network and the Institute of Legal Medicine (Instituto de Medicina Legal). It lets you report and receive psychological and social support in one place. The Alicante Gender Violence Sections are based in the same building.

At our firm we prepare the complaint with you before it is filed: we put the facts in order, review the evidence and decide which measures to request. If you need us to, we go with you and join the proceedings as private prosecutor from the start. Celeste Pérez Bleda has more than 20 years’ experience in criminal law.

Other information and support services

• ATENPRO: a 24-hour, 365-day telephone support and protection service, which you apply for through your town hall’s social services.

Frequently asked questions

Can I speak to a lawyer before making the complaint?

Yes. Article 20 of LO 1/2004 gives victims of gender violence the right to free legal advice immediately before reporting, regardless of their income. You can also go to a lawyer you trust. Speaking to a lawyer first helps you put the facts in order, know what evidence to provide and decide whether to apply for a protection order and which civil measures you need for yourself and your children.

Do I need evidence to report gender violence?

No. To report, it is enough to describe what happened; investigating is the job of the police and the court. Even so, providing medical reports, screenshots of messages, photographs or witness details greatly strengthens your statement and makes it easier for protection measures to be granted. If you do not have evidence to hand, report anyway and discuss it afterwards with your lawyer, who can ask for steps to be taken to obtain it during the investigation.

Can I report if I am in Spain irregularly?

Yes. Article 31 bis of the Immigration Act guarantees your rights as a victim of gender violence whatever your administrative status. If your irregular status comes to light when you report, no sanctioning proceedings will be opened on that ground, and any existing proceedings and expulsion orders are suspended. With a protection order or a prosecutor’s report you can apply for a residence and work permit on exceptional grounds.

Can I apply for a protection order in the same complaint?

Yes. Article 544 ter of the Criminal Procedure Act allows you to apply to the police, the court, the Public Prosecutor’s Office or victim support offices, and the application must be sent to the court immediately. The hearing to decide on it is held within 72 hours of the application at most. It may include a restraining order, a ban on communication and civil measures on the home, custody of the children and child maintenance.

What happens if I later want to withdraw the complaint?

Gender violence is a public offence: once reported, the proceedings continue even if the victim wishes to withdraw, and the prosecutor maintains the charges if there is evidence. In some cases you can rely on the exemption from testifying against your partner (art. 416 LECrim), but not if you have joined the case as private prosecutor. Before making any decision, talk it over with your lawyer.

If you are thinking about reporting, you do not have to do it alone or in a rush. Tell us about your situation in complete confidence and we will explain your options and how to protect yourself from the very first moment. Our team will assist you in English. You can call or message us on 607 449 491 (24 hours, also on WhatsApp) or find out how we work in representing women who are victims of gender violence.