Modification of family orders in gender violence cases

When violence comes into the picture, the custody, contact or maintenance arrangements agreed earlier may no longer protect the children. We apply to have them modified, or we defend the parent against unjustified changes.

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

In short

Measures agreed in a separation or divorce can be modified when circumstances change substantially (article 90.3 of the Civil Code and article 775 of the Civil Procedure Act). Gender or domestic violence is one of those changes: the Civil Code (Código Civil) rules out joint custody and contact for a parent who is facing criminal proceedings for an attack on the other parent or the children, or where there are well-founded indications of violence, unless the judge gives reasons based on the best interests of the child (articles 92.7 and 94).

When family orders can be changed

A family court judgment is not set in stone. Custody, contact arrangements, use of the family home and child maintenance (pensión de alimentos) can be modified if circumstances have changed substantially and lastingly since they were agreed. Some common examples:

A complaint or a conviction for gender or domestic violence.
A significant change in either parent’s income.
A move to a new home, including abroad.
New needs of the children, or their own wishes when they are mature enough.

What the law says when there is violence

Since Organic Law 8/2021, article 94 of the Civil Code (Código Civil) prevents contact arrangements being set in favour of a parent who is facing criminal proceedings for an attack on the life, physical integrity, freedom, moral integrity or sexual freedom of the other parent or the children, or where there are well-founded indications of domestic or gender violence, unless the judge gives reasons based on the best interests of the child. In addition, article 66 of Organic Law 1/2004 requires the criminal judge to suspend contact between a person charged with gender violence and his children, unless a reasoned decision provides otherwise.

A draft Organic Law on measures against vicarious violence, introduced in July 2026, is currently going through the Spanish Parliament (Congreso) and would strengthen these measures. Until it is passed, the rules currently in force apply.

How we do it

We analyse the judgment currently in force and gather evidence of the change in circumstances.
If the matter is urgent, we apply for interim or precautionary measures to protect the children while the proceedings are under way.
We file the application to modify the orders with the competent court, which will be the Violence against Women Section (Sección de Violencia sobre la Mujer) if criminal proceedings are open.

Frequently asked questions

Is a complaint enough to suspend contact?

If the parent is facing criminal proceedings for violence against the other parent or the children, the law provides for contact to be suspended, unless the judge gives a reasoned decision based on the best interests of the child. Each case is assessed on the evidence available.

What if the complaint is dismissed?

If the criminal proceedings are dismissed or end in an acquittal, the parent concerned can ask for the previous arrangements to be restored or for new ones to be put in place.

Can I ask for child maintenance to be reduced?

Yes, if your income or the children’s needs have changed substantially. Until there is a new court decision, the agreed maintenance remains payable, and failing to pay it can be a criminal offence.

Legal basis