Legal assistance if you are arrested for gender violence in Alicante

If you or a family member has been arrested following a gender violence complaint, call now. We go to the police station or the Alicante duty court at any hour so that your first statement does not become your first mistake.

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

In short

Anyone who is arrested has the right to remain silent, not to incriminate themselves and to be assisted by a lawyer of their choice, who must attend within a maximum of three hours of being instructed (article 520 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal). Detention may not last longer than strictly necessary and never more than 72 hours before the person is brought before a judge. In gender violence cases, the detainee then appears before the Violence against Women Section or the duty court (juzgado de guardia), which can impose precautionary measures and process the case as a fast-track trial (juicio rápido).

Your rights from the very first minute

Article 520 of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim) grants everyone who is arrested the following rights, among others:

To be informed in writing, in plain language, of the acts they are accused of and the reasons for the arrest.
To remain silent, to refuse to answer some or all questions, and not to incriminate themselves or plead guilty.
To appoint a lawyer of their choice and to be assisted by that lawyer without delay. The lawyer must attend within a maximum of three hours.
To speak privately with their lawyer before and after making a statement.
To access the parts of the case file that are essential to challenge the lawfulness of the arrest.
To have a family member informed of the arrest, to be examined by a forensic doctor and, if needed, to have a free interpreter.

If you do not appoint a lawyer, you will be assigned a duty lawyer (turno de oficio). You can ask at any time to be assisted by the lawyer of your choice.

What we do when you call us

We go to the police station or Guardia Civil post and speak with you in private before any statement is made.
We review the police report (atestado) and assess whether you should make a statement or exercise your right not to do so at that stage.
We go with you to court, prepare your statement before the judge and oppose any precautionary measures that are not justified.
If the case is processed as a fast-track trial (juicio rápido), we discuss with you there and then whether a plea agreement (conformidad) is advisable or whether to prepare for trial.

What happens after the police station

In gender violence cases, the detainee is brought before the Violence against Women Section of the Alicante Court of First Instance (Sección de Violencia sobre la Mujer del Tribunal de Instancia de Alicante) during court hours, or before the duty court (juzgado de guardia) outside them. There the judge may take a statement, hold the protection order hearing and impose measures such as a restraining order, a ban on contact, suspension of contact with the children or, in serious cases, remand in custody.

What is said in these first few hours shapes the entire case. That is why it is so important to have a specialist lawyer from the outset.

Frequently asked questions

Should I make a statement at the police station?

It depends on the case. It is often better not to make a statement to the police and to do so later before the judge, once we know what the police report says and have prepared your statement. We decide this together in the private consultation.

How long can I be held in custody?

Only for the time strictly necessary for the investigation, up to a maximum of 72 hours, after which the detainee must be released or brought before a judge (article 17.2 of the Spanish Constitution). If the detention is unlawful, habeas corpus proceedings can be requested.