What happens after reporting gender violence in Spain? Step by step

Knowing what happens after reporting gender violence helps you cope with days that are usually very intense. A lot happens in a short time: the police, the court, the protection measures, your home and, if you have them, your children. It is worth knowing what comes next and what rights you have at each step.

We explain it in order. And if you would rather have someone handle it with you from the start, at our firm we work as a gender violence lawyer for women victims from the moment of the complaint.

1. The police report

When you report to the National Police (Policía Nacional), the Guardia Civil or the Local Police (Policía Local), the officers take your statement and draw up a police report: the document that brings together your account, the witnesses, the medical reports and other urgent steps, and which is sent to the court.

From the first contact they must inform you of your rights and of the protection and support measures available (art. 5 of Act 4/2015 on the Statute of Victims of Crime, Ley 4/2015, del Estatuto de la víctima del delito), and you are entitled to a copy of your complaint (art. 6). Ask for it and keep it.

Depending on the case, the police may arrest the accused or summon him to appear before the court. If he is arrested, detention may not last longer than strictly necessary and, at most, 72 hours before he is released or brought before a judge (art. 520 LECrim). If you have not yet reported and are unsure how to do it, start with our guide on how to report gender violence in Alicante.

2. The police risk assessment (VioGén)

When taking the complaint, the officers complete the police risk assessment form within the VioGén system of the Ministry of the Interior. The result is a risk level (low, medium, high or extreme, under the protocol in force since 2025) that determines the police protection measures and is reviewed periodically. The report is added to the police report and the judge takes it into account.

The risk level is not a court decision and does not prevent you from applying for a protection order. If you think it does not reflect what you are going through, new information can be provided so that it is reassessed. We explain this in detail in what your VioGén risk level means.

3. The case goes to court

Gender violence cases are investigated by the Gender Violence Section of the Court of First Instance (Tribunal de Instancia) (formerly the gender violence court), under article 89 of the Organic Act on the Judiciary (Ley Orgánica del Poder Judicial) following the reform introduced by Organic Act 1/2025. That Section sits during court hours, and the police summon the parties for the next working day (art. 797 bis LECrim).

If someone has been arrested and cannot be brought before that Section, he goes before the duty court solely so that a decision can be made on whether he is held or released; after that, the case continues in the Gender Violence Section. At court your statement will be taken, usually in a room separate from the accused: the Statute of Victims requires direct contact between the two to be avoided (art. 20).

4. The protection order

You can apply for a protection order in the complaint itself, at the court, at the Public Prosecutor’s Office (Fiscalía) or at a victim support office (art. 544 ter.3 LECrim). The judge calls an urgent hearing with the victim, the accused assisted by a lawyer, and the prosecutor, which must be held within a maximum of 72 hours of the application. Statements are taken separately to avoid confrontation.

The judge grants it if there are well-founded indications of an offence and an objective situation of risk to you. It may include:

• Criminal measures: a ban on approaching and communicating, removal from the home, suspension of the right to possess weapons or, in the most serious cases, remand in custody.
• Civil measures, if you request them: use of the home, custody of the children, contact arrangements and child maintenance. They last thirty days; if you file family proceedings within that period, they remain in force for a further thirty days from the date you file (art. 544 ter.7 LECrim).

If the judge imposes a restraining order, the obligation to comply with it lies with the accused. On our page about restraining orders in gender violence cases we explain how they are applied for, how they are monitored and what happens if they are breached.

5. Fast-track trial or preliminary investigation

From here the proceedings take one of two paths:

You will find full information on the first path in our guide to the fast-track gender violence trial in Alicante.

6. Joining the proceedings as private prosecutor

The prosecutor always brings charges for these offences, but you can take part in the proceedings with your own lawyer as private prosecutor. This allows you to propose evidence, request measures, appeal and claim compensation. Victims of gender violence can join the proceedings at any stage, although this does not allow steps already taken to be repeated (art. 20.7 LO 1/2004).

You should also know that, if you join as private prosecutor, you will no longer be able to claim the exemption from testifying against your partner or former partner (art. 416.1 LECrim, following the reform by Organic Act 8/2021). We explain this in the exemption from testifying in gender violence cases.

7. Your rights throughout the proceedings

• Free legal aid: advice before reporting and representation in all proceedings arising from the violence suffered (art. 20.1 LO 1/2004), regardless of your income (art. 2 of Act 1/1996 on Free Legal Aid, Ley 1/1996). You can also choose a lawyer you trust.
• Information: you must be notified of the trial date, the judgment and, without having to ask, decisions on the accused’s imprisonment or release and on the interim measures protecting you (art. 7 of the Statute of Victims).
• Appealing a dismissal: if the court dismisses the case, you can appeal even if you had not joined the proceedings before (art. 12 of the Statute).
• A free interpreter if you do not speak or understand Spanish well (art. 9 of the Statute).

After reporting in Alicante

In the Alicante judicial district, the Gender Violence Section of the Court of First Instance is located at Avenida Aguilera, 53 (03007 Alicante), according to the directory of the General Council of the Judiciary (Consejo General del Poder Judicial). That is where protection order hearings and the urgent steps in the fast-track trials investigated by that Section take place. If the case goes to trial without a plea agreement, it is tried in the Criminal Section (Sección de lo Penal), and appeals against orders of the Gender Violence Section are decided by the Alicante Provincial Court (Audiencia Provincial de Alicante).

Celeste Pérez Bleda, member no. 7301 of the Alicante Bar Association (Ilustre Colegio de la Abogacía de Alicante), has more than 20 years’ experience in criminal law. When we support you, we review the police report, prepare the protection order hearing with you, request the civil measures you need for yourself and your children, and join the proceedings as private prosecutor. Our team can assist you in English.

Frequently asked questions

How long does it take for the court to call me after I report?

It is usually very quick. The police summon the parties before the Gender Violence Section for the next working day (art. 797 bis LECrim) and, if you have applied for a protection order, the hearing must be held within a maximum of 72 hours of the application. If the case proceeds as a preliminary investigation, later summonses may be weeks or months apart.

Will my partner be arrested if I report him?

It depends on the facts and on the risk assessed by the police. They may arrest him or summon him to appear before the court. If they arrest him, he must be released or brought before a judge within a maximum of 72 hours. After that, it is the judge who decides whether to impose measures such as a restraining order or, in serious cases, remand in custody.

Will I have to see the accused again at court?

The law tries to avoid it. The Statute of Victims requires the premises to be arranged so that there is no direct contact, and at the protection order hearing statements are taken separately. At trial, measures can be ordered to avoid visual confrontation if your assessment makes it advisable (art. 707 LECrim).

Can I withdraw the complaint after making it?

Not as such. Gender violence is a public offence and the proceedings continue even if the victim does not want to go on. You can choose not to join the proceedings or, in certain cases, claim the exemption from testifying against your partner, but the prosecutor can maintain the charges on the basis of other evidence. Before deciding, assess it with your lawyer.

What happens to my children and my home after I report?

You can request civil measures as part of the protection order: use of the family home, custody, contact arrangements and child maintenance. They last thirty days and are extended for another thirty if you file family proceedings within that period. If there are indications that the children witnessed or suffered the violence, the judge must suspend contact unless there is a reasoned decision otherwise.

If you have just reported or are thinking of doing so, you do not have to go through this alone. We review your case in complete confidence and support you at every step, from the protection order hearing to the trial, and our team will assist you in English. Find out how we work in defending women who are victims of gender violence, or message us on WhatsApp at 607 449 491, 24 hours a day: we will reply straight away.