Money, documents and benefits after leaving abuse

Terms used

• Renta Activa de Inserción (RAI) — The Renta Activa de Inserción is an income benefit for unemployed people on low income, including victims of gender violence.
• Ingreso Mínimo Vital — The Ingreso Mínimo Vital is a national minimum income benefit for people in financial need.
• IPREM — The IPREM is a public reference amount, updated yearly, used to set the level of many benefits.
• Pensión de alimentos — The pensión de alimentos is maintenance a court orders one parent to pay for children.
• Fondo de Garantía de Pago de Alimentos — The Fondo de Garantía de Pago de Alimentos is a state fund that may pay maintenance when the paying parent does not.

Key rules

• Proof of status: Aid, work rights and housing priority usually need a protection order, prosecutor report, court decision or, where allowed, a social-services report.
• No residence papers: You can still get information, legal aid and a protection order, and later apply for residence on exceptional grounds.
• Own account: You can open a bank account in your own name with your ID or passport, including a foreign one.
• Dismissal: A dismissal for using your victim work rights is void.

Start with proof of your status

Most aid, work rights and housing priority depend on one thing: official proof that you are a victim. This is called being accredited. The usual proof is a protection order, a prosecutor's report or a court decision. In some cases a report from social services is accepted. Ask your lawyer or a victim support service how to get it first. The documents list below shows what you need.

If you have no residence papers

You still have rights. Information, assistance, legal aid and the protection order are open to every woman who is a victim of gender violence, whatever her origin or immigration status. Once a protection order or similar decision is issued, you can also apply for a residence and work authorisation for exceptional circumstances. Ask your lawyer to start that application.

Get your own money

• Open an account in your name at any bank. Your ID or passport is enough, including a foreign one. Access to a basic payment account is a right.
• Ask your employer and any benefit office to pay into the new account.
• If you hold a joint account, each holder can generally withdraw money, subject to the account terms. Bank procedures differ, so talk to your lawyer before you act.
• Ask the judge, through your lawyer, to set how money and household costs are divided. This can include maintenance (pensión de alimentos). If the other parent does not pay, the Fondo de Garantía de Pago de Alimentos may help.
• If you need cash quickly, social services, a shelter or the 016 helpline can point you to emergency help.

Aid for victims

Several kinds of aid exist. Each has its own conditions.

• Renta Activa de Inserción (RAI): for unemployed victims registered as jobseekers with low income. It is paid for up to 11 months at 80% of the IPREM monthly.
• One-off aid: a single payment for victims with low income who struggle to find work. The amount depends on your dependants.
• Ingreso Mínimo Vital: a minimum income benefit with special treatment for victims, such as no minimum time living independently.
• Regional and municipal emergency aid: ask your town hall's social services what is available where you live.

Amounts and income limits change every year, so ask the employment service and Social Security for current figures.

Protections at work

If you are employed, you can ask for:

• Reduced or reorganised hours, flexible hours, or remote work where possible.
• A transfer to another place, with your post reserved for 6 months, which can be extended.
• A suspension of your contract, with your post reserved for 6 months, which can be extended up to 18 months.
• To end your contract and still receive unemployment benefit.

Absences caused by your physical or psychological situation count as justified. You need a certificate from social services or health services. A dismissal for using these rights is void. Civil servants have equivalent rights. If you are self-employed, you can suspend your contributions and keep your benefits. Your collective agreement may give you more.

Housing priority

Victims are a priority group for public housing. Many regions reserve a share of homes for victims or give extra points. You may also be excused from some usual requirements, such as time registered in the area. Apply to your regional or municipal housing body with your proof of status. Some regions also run emergency housing or rent-support programmes for victims. Percentages and procedures differ by region, so ask the local housing office.

If your partner controls your phone, money or passport

See the "what if" answer below. Tell your lawyer, social services or the 016 helpline, who can help you plan safely.

Timeline and deadlines

• Get proof of your victim status: before you apply for any aid, work protection or housing priority

• Extend the contract suspension if you still need it: up to 18 months in total

Documents you need

• Proof of victim status: a protection order, a prosecutor report or a court decision, issued by the court or prosecutor. A social-services report can also serve where the regulations allow it.

• Your ID or passport, including a foreign one, to open your own bank account.

• A certificate from social services or health services that your absence from work is due to your physical or psychological situation, so your employer treats it as justified.

Checklist

• Open your own bank account with your ID or passport.

• Ask your employer and the benefit offices to pay your salary and benefits into your new account.

• Register as a jobseeker and ask about the Renta Activa de Inserción if you are unemployed and on a low income.

• Ask social services about the one-off aid for victims, the Ingreso Mínimo Vital and regional or municipal emergency aid.

• Ask your lawyer to request in court how money and household expenses are divided, including maintenance.

What if my partner controls my phone, money or passport?

You still have options if your partner controls your phone, money or passport. You can call 016, replace documents through the police and your consulate, and get a protective phone.

Reach help without leaving a trace

016 is free and confidential. The call does not show on the phone bill, but it may stay in the phone's call history, so delete it afterwards.

If you cannot talk safely, there are other ways in:

• The 016 WhatsApp line: 600 000 016.
• The 016 online chat and email.
• SVisual, a video-interpreting and text service for deaf users.
• The ALERTCOPS app, which sends a silent alert with your location to the police.

WhatsApp, email and apps can leave traces on the device, and ALERTCOPS may be visible on a monitored phone. Delete the messages afterwards, or use a safe device such as a friend's phone or a library computer.

Get a phone your partner does not control

ATENPRO is a free service that gives you a mobile phone with a 24-hour link to a call centre. The centre can send emergency services and can locate you.

To apply, go to your local council's social services, a victim support service or your regional women's body. A court order or police report is not always required. Not every council takes part, so ask 016 or social services if yours does not offer it.

Replace documents your partner holds or destroyed

1. Report it. File a denuncia at the Policía Nacional or Guardia Civil. It records that your documents were lost, stolen or held. Keeping someone else's documents can be a crime, and the report on the abuse supports you.
2. Passport. Go to your own country's consulate or embassy in Spain. Bring the police report, photos and any copy of the old passport.
3. NIE or TIE. Ask for a duplicate at the Oficina de Extranjería, or at the police station that issues TIEs, which works by cita previa (appointment). Bring the denuncia, photos, the fee form (tasa) and any copies of the old card.

Fees, appointment systems and consulate requirements vary, so confirm them with the police station, Extranjería and your consulate.

If your residence status is irregular, victims of gender violence can apply for special protection under the immigration rules. 016, victim assistance offices and NGOs can help you with the steps.

Get your own money

• A judge can set how money and household expenses are split as part of a protection order or divorce measures. This includes maintenance for children (pensión de alimentos).
• Social services can give emergency aid. A shelter, 016 and your lawyer can also help.

Frequently asked questions

Can I get victim aid if I have no residence papers?

Yes, women victims of gender violence have the same rights to information, assistance, legal aid and a protection order whatever their immigration status.

How do I prove I am a victim when I apply for aid or housing?

You prove it with a protection order, a prosecutor report or a court decision. A social-services report is also accepted for many aids and for housing applications, where the regulations allow it.

Can I open my own bank account if my partner controls our accounts?

Yes, you can open your own account at any bank with your ID or passport, including a foreign one.

What can I do if my partner does not pay maintenance?

A fund that pays maintenance (the Fondo de Garantía de Pago de Alimentos) may help if the abuser does not pay. Ask your lawyer or social services how to apply.

Do I get priority for public housing as a victim?

Yes, victims of gender violence are a priority group for public housing. Many regions reserve a share of homes or give extra points, and may waive requirements such as registration time.