Reported for gender violence: what to do in the first 24 hours

If you have been reported for gender violence, what you do in the first few hours will weigh heavily on everything that follows. It is normal to feel fear, anger or confusion. A complaint is not a conviction: the presumption of innocence applies. But it is not a minor formality either, because the procedure moves quickly and some decisions are taken within hours. We explain what will happen and which mistakes to avoid.

What happens after a gender violence complaint

Arrest or summons

After the complaint, the police (National Police, Guardia Civil or, in some municipalities, the Local Police) draw up a report (atestado). Depending on how serious the facts are and the circumstances, they may arrest you or summon you to appear in court. If you are arrested, detention may not last longer than the time strictly necessary and, at most, 72 hours before you are released or brought before a judge (art. 520.1 LECrim).

The police report and the risk assessment

Officers carry out a police risk assessment in the VioGén system. That report is added to the police report and the judge will see it. Under the current police protocol, the person reported is told to remain contactable for when he is called to give a statement and, if he holds a firearms licence, he is asked to hand over his weapons voluntarily.

The Gender Violence Section and the fast-track trial

Since the reform introduced by LO 1/2025, the former gender violence courts are now Gender Violence Sections of the Courts of First Instance (Tribunales de Instancia), and they investigate these cases. Many are dealt with as a fast-track trial (juicio rápido), because the law expressly provides for it in cases of injury, coercion, threats or habitual violence within the family and between partners (art. 795 LECrim). More detail on our page on fast-track gender violence trials.

A possible protection order

If the complainant applies for one, or the prosecutor requests it, the judge calls an urgent hearing at which you will also be heard with your lawyer. It must be held within 72 hours at most (art. 544 ter LECrim). The order may include a restraining order, a ban on communication, leaving the family home and measures concerning the children, such as suspending contact.

What to do in the first 24 hours

1. Stay calm with the officers. Any incident could end up as another offence.
2. Use your right not to give a statement until you have spoken to your lawyer. Art. 520.2 LECrim gives you the right to remain silent, not to answer some questions or to give a statement only before the judge. It is not an admission of anything.
3. Ask for a lawyer you trust. You are free to choose one; if you do not, a duty lawyer (abogado de oficio) will be assigned. The lawyer must attend within a maximum of three hours of receiving the instruction and may speak to you in private before you give a statement (art. 520.5 and 6 LECrim).
4. Let a relative know. You have the right to have the person of your choice informed of your arrest and where you are being held.
5. Keep the evidence. Messages, voice notes, photos, locations or witnesses that clarify what happened. Do not delete anything: your lawyer needs to assess it all.
6. Prepare your statement before the judge with your lawyer. Much of the case is decided there: the protection order, a possible plea agreement and the route the proceedings will take.

What not to do if you have been reported

• Do not contact the complainant, either directly or through friends, relatives or social media. Not even to ask her to withdraw the complaint.
• Do not reply if she messages or calls you. If a restraining order or ban on communication is already in place, replying may be the offence of breach (quebrantamiento).
• Do not delete messages or conversations. You would lose evidence that may help you.
• Do not post anything about the case on social media or talk about it with mutual acquaintances.
• Do not accept a plea agreement without understanding it. Its consequences last for years.

The plea agreement: when it makes sense and when it does not

In a fast-track trial, the prosecutor may offer you a plea agreement (conformidad): you admit the facts and accept the sentence sought, and in return that sentence is reduced by one third (art. 801 LECrim). This is only possible if the offence carries a sentence of up to three years’ imprisonment and the sentence sought, once reduced, does not exceed two years.

It may make sense when the evidence is strong and the reduction is real. But it is a final conviction, with a criminal record, a restraining order and loss of the right to possess weapons. If things did not happen that way, accepting out of exhaustion or to get out of court sooner is a mistake that is hard to undo. If the prison sentence is suspended, for these offences the conditions will always include, among others, a ban on approaching the victim and attendance at an educational programme (art. 83.2 CP).

Consequences of a conviction

During the proceedings, the judge may also suspend the possession and use of weapons as an interim measure (art. 67 of the Gender Violence Act, LO 1/2004). If your job depends on a firearms licence, tell your lawyer.

If you have been reported for gender violence in Alicante

In the city of Alicante, gender violence cases are investigated by the Gender Violence Section of the Court of First Instance, located at Avenida de Aguilera, 53, according to the directory of the General Council of the Judiciary (Consejo General del Poder Judicial). In other judicial districts of the province, such as Elche, Benidorm or Orihuela, it is the section or judge assigned this area in each one.

The law provides for these proceedings to take place during sitting hours. If it is not possible to bring you before the Gender Violence Section, you will go before the duty court solely to decide on your personal situation, and the case will then continue in the competent section (art. 797 bis LECrim).

Celeste Pérez Bleda has more than 20 years’ experience in criminal law and has assisted more than 800 detainees. We deal with emergencies 24 hours a day and our team will assist you in English if you do not speak Spanish. If the person arrested is a relative of yours, you can call us yourself. More on our page on legal assistance for people detained for gender violence and in the practical guide on what happens if you are arrested for gender violence in Alicante.

Frequently asked questions

Will I be arrested if I am reported for gender violence?

Not always. It depends on the facts reported, any injuries, whether there is a risk to the complainant and your record. In some cases the police arrest the person reported and bring him before the judge; in others, they summon him to appear on a specific date before the Gender Violence Section. In both cases you have the same rights: to remain silent and to give a statement with the assistance of a lawyer.

Can I talk to her so that she withdraws the complaint?

You should not. Contacting the complainant may be seen as pressure or coercion and, if a restraining order or ban on communication already exists, it may be the offence of breach, punishable by imprisonment. Moreover, in gender violence cases withdrawing the complaint does not in itself stop the proceedings, because these are public offences that the prosecutor pursues of their own motion. Any steps must be taken through your lawyer.

Do I have to give a statement at the police station?

No. Article 520 of the Criminal Procedure Act gives you the right to remain silent, not to answer some questions and to state that you will only give a statement before the judge. Remaining silent is not the same as admitting the facts. The sensible approach is not to give a statement until you have spoken in private with your lawyer, which you are also entitled to do before any statement.

What happens if she messages me after the complaint?

Do not reply and do not delete the message. Keep it and show it to your lawyer. If a restraining order or ban on communication is in force, the obligation to comply with it is yours alone: the Supreme Court has established that the woman’s consent does not rule out the offence of breach. That message may be relevant to your defence, but only if your lawyer handles it through the proper channels.

Can I carry on living in my home?

It depends on what the judge orders. If a protection order is made requiring you to leave the home, or a restraining order, you will have to leave, even if the property is yours or you are paying the mortgage. The police protocol provides for officers to accompany you to collect your personal belongings. If there is no measure in place, you can stay in your home, although it is wise to consider with your lawyer whether that is prudent while the proceedings last.

If you have been reported, or a relative has been arrested, the sooner you have a lawyer by your side, the more scope there is to prepare a proper defence. We review the evidence with you and explain each step plainly. Our team will assist you in English. You can see how we work in the defence of men accused of gender violence, read our guide on how to prove your innocence against a complaint you believe is false or call us on 607 449 491, 24 hours a day, also on WhatsApp.