Psychological abuse in Spain: legal consequences and how to prove it

For years you have been told that “it’s not that bad”, that you are exaggerating or that without blows there is no offence. That is not true. Psychological violence is expressly included in Organic Law 1/2004 and in the Criminal Code, and its effects can be as serious as, or more serious than, those of a physical assault. What is true is that it is harder to prove. In this article we explain which offences may be committed, how they are proven, and the real obstacles you will face in court and how to overcome them.

What counts as psychological violence

Article 1.3 of Organic Law 1/2004 states that gender violence includes “any act of physical and psychological violence”, including threats and coercion. In practice, it usually takes the form of:

• Constant insults, humiliation and contempt, in private or in public.
• Control over money, your phone, your friendships or the way you dress.
• Threats against you, your children, your family or your pets.
• Isolation from your family and social circle.
• Manipulation and gaslighting: making you doubt your memory or your sanity.
• Punishing silences, emotional blackmail or threats of suicide to stop you from leaving.

Which offences may be committed

The offences in articles 153.1, 171.4, 172.2 and 173.2 carry with them the loss of the right to own and carry weapons, and in most cases bans on approaching and communicating can also be imposed. Threats, coercion and abuse are punished in the upper half of the range if committed in front of minors, in the shared home or the victim’s home, or in breach of a court ban.

Habitual abuse: the key offence

Article 173.2 punishes anyone who habitually inflicts physical or psychological violence on their partner or ex-partner, regardless of the penalties for each specific act. To establish that it is habitual, article 173.3 looks at the number of proven acts and how close together in time they are, even if they were directed at different victims within the family and even if some have already been tried.

The courts do not require a minimum number of episodes: what is decisive is proving a permanent climate of domination and fear. That is why it is essential to reconstruct the relationship as a whole, not just the latest incident.

Minor insults or degrading treatment (art. 173.4)

When the insults or humiliations are one-off and minor, they can be punished as a minor offence. Unlike minor threats and coercion, this offence can only be prosecuted if the victim reports it.

How psychological violence is proven

There is no single piece of evidence. The key is for several pieces of evidence to point in the same direction.

1. Your statement

The victim’s statement can be sufficient evidence for a conviction if the court finds it credible. The Supreme Court (Tribunal Supremo) looks at the absence of ulterior motives, the plausibility of the account, its consistency and its persistence throughout the proceedings. Prepare it well: approximate dates, specific examples, exact words and how they affected you.

2. Documentary and digital evidence

• WhatsApp messages, emails, voice notes and social media posts. Ideally, provide the device or a digital forensics report that guarantees their integrity, in addition to screenshots.
• A dated diary, written at the time the events took place.
• Bank transactions if there is financial control.

3. Witnesses

Relatives, friends, work colleagues or neighbours who witnessed insults, who noticed the change in your character, or whom you told about what was happening at the time. Read more in the role of witnesses in gender violence cases.

4. Medical and psychological reports

Visits to your GP for anxiety, insomnia or depression, and reports from your psychologist or from specialist services. Although they do not prove who caused the harm, they prove that it exists and how it has developed.

5. The forensic psychological expert report

This is the most important evidence. The second additional provision of Organic Law 1/2004 requires the forensic services to set up comprehensive forensic assessment units (unidades de valoración forense integral), which usually involve forensic doctors, psychologists and social workers. They can assess:

• Whether there is psychological harm and how serious it is.
• Whether it is consistent with the violence you describe.
• The children’s situation and the risk.

You can ask the court to order it and, if you consider it appropriate, also submit your own expert report prepared by a forensic psychologist.

Real difficulties and how to overcome them

It would be unfair to say that everything is straightforward. The most common obstacles are:

• “It’s his word against mine.” This is overcome by adding up corroborating evidence: messages, hearsay witnesses, medical reports and the expert report.
• Reducing the case to a single episode. If only the latest insult is reported, it may end up as a minor offence. You need to tell the whole story so that habitual abuse is investigated.
• Psychological consequences that undermine credibility. Memory gaps, inconsistencies in dates or a disorganised account are common in traumatised people. The expert report can explain this to the court.
• Delay in reporting or having gone back to the abuser. This does not invalidate your account, but it is advisable to explain it.
• The exemption from testifying. If you rely on it at trial, the prosecution may be left without its main evidence. Since Organic Law 8/2021, article 416 LECrim excludes the exemption, among other cases, if you are or have been a party to the proceedings as private prosecutor (acusación particular) or if you agreed to testify after being informed of your right not to do so.

If you are worried about the long-term after-effects, you can read the long-term psychological effects of gender violence.

If you are the person reported

Allegations of psychological violence also require proof. You have the right to the presumption of innocence, to know the specific acts attributed to you and to challenge the evidence: submitting your own complete conversations (not selected fragments), proposing witnesses, requesting an expert report to analyse the methodology of the prosecution’s report, and challenging generic allegations without specific facts. A professional defence from your first statement avoids mistakes that are hard to correct later.

Frequently asked questions

Can someone be convicted of psychological abuse without physical injuries?

Yes. The Criminal Code punishes habitual psychological violence (art. 173.2), psychological harm (art. 153.1), threats, coercion, and minor insults or degrading treatment between partners. There does not need to be a physical injury, although the facts must be proven and, for some offences, so must the psychological harm caused.

How many episodes are needed for it to be habitual abuse?

The law does not set a number. Article 173.3 of the Criminal Code looks at the number of proven acts and how close together in time they are, and case law considers whether there is a climate of domination and fear. Scattered, isolated episodes may not be enough; an ongoing pattern of humiliation and control is.

What is the comprehensive forensic assessment unit?

It is a team within the forensic services, usually made up of a forensic doctor, a psychologist and a social worker, provided for in Organic Law 1/2004 for gender violence cases. It assesses the victim, the children and, where appropriate, the person under investigation, and issues a report on the psychological harm, its connection with the facts and the risk.

Can WhatsApp messages be used as evidence?

Yes, but if the other party challenges their authenticity, screenshots may not be enough. It is advisable to keep the phone, not to delete conversations and, if necessary, to provide a digital forensics report or have them verified by the court clerk (Letrado de la Administración de Justicia). Complete messages, with context, carry more weight than isolated fragments.

Proving psychological violence requires a strategy from the outset. If you are going through this situation or facing an allegation, you can see our pages on representation of women victims, defence of men who have been reported and fast-track trials for gender violence, or call us on 607 449 491, available 24 hours a day.