Does Spain's gender-violence law cover my situation?

Key rules

• Who is covered: The specific law covers violence by a current or former male partner against a woman, whether or not you lived together.
• Men and same-sex couples: You are not covered by its special measures, but the general criminal rules on domestic violence protect you.
• Other relatives: Violence within the family that is not partner violence follows general criminal and social-service routes.
• A refusal: Being told your case does not fit one label does not end your access to help.

The short answer

The specific gender-violence law covers violence by a man against a woman who is, or has been, his spouse or partner. It applies with or without living together. Other family violence is not covered by that law. It follows the general criminal and social-service paths, so a refusal under one label is not the end of help.

If you are a woman abused by a current or former male partner

You are covered. You do not need to be married or to live with him. A "similar affective relationship" counts, and so does a relationship that has ended. Your case goes to a Juzgado de Violencia sobre la Mujer, a court that handles these cases. It can issue a protection order and deal with some linked family matters. These courts are being expanded into a new section for violence against women within the general first-instance courts.

If you are a man, or in a same-sex couple

The specific measures of the gender-violence law do not apply to you. You are still protected. The Criminal Code punishes domestic violence against a spouse or similar partner of either sex, and against other relatives. Your case goes to an ordinary juzgado de instrucción, an investigating court, which also acts on guard duty. Its procedure follows the general rules.

If you are a trans woman, the women's protection regime may apply, depending on your legal gender. Ask the court or a lawyer about your own case.

If the abuser is a relative, not a partner

Violence by or against parents, children or other relatives is domestic violence under the general criminal rules. It also goes to the ordinary investigating courts. Social services can still help you with support and housing.

What to do if you are told you are not covered

Do not stop. Report the violence to the police or go to the guard court anyway, and ask for the general protection routes. You can also contact your local social services. The label decides which court and which special measures apply. It does not decide whether you can get help.

Recent changes

Recent reforms have widened how the law treats violence against women. They cover sexual, economic and digital violence, and violence against children used to hurt the mother. A wider reform of the main law was in progress. Check the current position with a lawyer or a women's information service.

The questions below answer the most common points about courts, men and same-sex couples, and living together.

Frequently asked questions

Which court handles my case if I am a victim of family violence?

A Juzgado de Violencia sobre la Mujer handles your case if a man abused you as his current or former partner and you are a woman; every other family case goes to an ordinary investigating court. That second group includes abuse against men, children or parents, and the specific measures of the gender-violence law do not apply there. Both types of court can act on guard duty and issue protection.

Does the law cover me if I am a man or in a same-sex couple?

No, the gender-violence law covers only women abused by male partners or ex-partners, so its specific measures do not apply to you. You are still protected: the general domestic violence rules in the Criminal Code cover spouses or similar partners of either sex, and other relatives.

Do I need to live with my partner to be covered?

No, a woman is covered whether or not she lives with the man, and also if the relationship has ended. The law covers current or former spouses and similar affective relationships. If your case falls under another label, you can still ask for help through the general criminal and social-service routes.