What to do if a gender-based violence complaint is withdrawn or dismissed

You find yourself in a difficult situation: you have reported your aggressor for gender-based violence, but now the judicial process has taken an unexpected turn. Perhaps the judge has decided to dismiss (archive) your complaint due to lack of evidence, or perhaps, for various reasons, you have chosen to withdraw it yourself. This is a delicate situation that, in many cases, generates fear, confusion, and many questions. What are the implications of a complaint being withdrawn or dismissed? Does this mean there is nothing left to do? What options do you have to protect yourself and continue with the process?

The first thing you should know is that withdrawing or dismissing a gender-based violence complaint does not end the protection the judicial system can offer you. There are paths you can explore to continue fighting for your safety and justice, even if circumstances seem daunting.

This article is designed to guide you through the steps you should follow in either of these two situations: if you decide to withdraw the complaint or if the judge has dismissed it for lack of evidence. Understanding the consequences of each scenario is key to making informed decisions with the right support.

What Does it Mean for a Complaint to be Withdrawn or Dismissed?

When a complaint for gender-based violence is withdrawn or dismissed, many questions arise about the meaning and implications of each term. Are they the same? What effects does each situation have on the judicial process and the protection of the victim? Below, we break down both concepts.

Complaint Dismissed (Archived) for Gender-Based Violence

A case is “archived” or dismissed when the judge or prosecutor decides there is insufficient evidence to continue the criminal process. This means that, although the case was formally filed, it is considered that there are not enough elements to prove that a crime of gender violence occurred or that the reported facts cannot be legally sustained. But this does not mean the case is closed forever.

A dismissed complaint can be reopened if new evidence or testimonies emerge that reinforce the version of events. Common reasons for dismissal include:

• Lack of conclusive evidence: Lack of medical reports, witnesses, or messages to support the victim’s statement.

• Inconsistencies in the statement: Contradictions between versions of events.

• Withdrawal of prosecution by the fiscal: If the prosecutor believes there are insufficient grounds to move forward.

Dismissal does not necessarily mean the accused is innocent; it simply means that, at that moment, there is not enough evidence to proceed.

Complaint Withdrawn for Abuse

On the other hand, the withdrawal of a complaint is a voluntary action by the victim. You are the one who decides to retract the filed report. However, in Spain, withdrawing a complaint does not guarantee the judicial process will end. Because gender violence is considered a public crime, the Prosecutor’s Office (Fiscalía) can continue the case if they believe there is enough evidence to protect the victim, regardless of her desire to stop.

What to Do if the Case Has Been Dismissed?

1. Analyze the reasons for dismissal: Review the judge’s written explanation with a specialized lawyer to identify the “weak points” of the case.

2. Gather more evidence: Collect WhatsApp conversations, emails, or social media interactions. Locate witnesses and obtain updated medical or psychological reports.

3. Request to reopen the case: Once new evidence is gathered, your lawyer can file a petition to reopen the investigation.

4. Maintain protection measures: Even if the criminal case is archived, you can request to maintain or reinforce civil protection measures if a risk persists.

5. Seek support from associations: Organizations like the Women’s Institute (Instituto de la Mujer) provide psychological and social resources.

What to Do if You Decide to Withdraw the Abuse Complaint?

1. Reflect deeply: Ensure you are not acting under pressure, threats, or emotional manipulation from the aggressor.

2. Consult a specialized lawyer: Maître Celeste Pérez Bleda can explain that the State may continue the prosecution even without your active participation.

3. Evaluate the consequences:

   • Loss of protection measures: Restraining orders (órdenes de alejamiento) may be canceled.

   • Escalation of violence: Aggressors may feel “empowered” after a withdrawal.

4. Seek psychological support: To break cycles of emotional dependency and trauma.

5. Do not make decisions under pressure: Your safety is the absolute priority.

FAQs

1. Can I reopen a dismissed gender violence complaint? Yes, as long as new evidence is presented that was not available during the initial investigation.

2. What happens if I withdraw the complaint? The Prosecutor may still choose to prosecute the case as a matter of public interest if the evidence is strong enough.

3. Will I lose my restraining order if I withdraw the complaint? Generally, yes. Restraining orders are precautionary measures linked to an active case. If the case ends, the measure usually ends, unless your lawyer manages to maintain it through other legal avenues.

4. Is it advisable to withdraw a complaint? From a legal and safety standpoint, it is rarely recommended without first having a comprehensive safety plan and expert legal advice.