Guidance

Spain: guidance for UK nationals affected by gender violence

Published 24 May 2021

This guidance uses the term ‘victim’ to refer to the person who has experienced gender violence. The guidance refers specifically to support available for victims of gender violence, according to the Spanish Organic Law 1/2004 of 28 December, on Integral Protection Measures against Gender Violence. Under this law, the violent act must be committed by a man towards a female victim where there is or has been an intimate relationship. If descendants live with the perpetrator and the victim, they are also covered by this law.

Gender violence, under this law, includes any act of physical or psychological violence; including sexual violence, threats, coercion, or any type of arbitrary limitation of freedom.

If you are a victim of domestic abuse not covered by this law, there is support available. Contact the nearest British Consulate in Spain for information on local procedures and assistance.

For information on support available in the UK, read gender violence: returning to the UK

First steps

The most important thing is to make sure that you are as safe as you can be.

You can:

• call 112 for 24-hour immediate assistance from any of the emergency services in Spain. English-speaking staff are available
• call 016 (WhatsApp 600 000 016; email: 016-online@msssi.es) for information and advice. The service is free and confidential, 24 hours a day, 365 days a year. It is accessible for people with hearing difficulties and available in 53 languages
• contact your tour operator if you are travelling with one
• contact the nearest British Consulate in Spain. We can provide information and support

If you do not want to report the incident to the police

You can contact the nearest British Consulate in Spain. If you want us to, we can support you to:

• contact your family
• get medical attention (we may be able to go with you)
• travel back to the UK
• provide information on local and UK support organisations

If you are travelling with a tour operator, you can ask them for assistance. They may be able to accompany you to the local hospital or medical centre. For information on local support available in the UK, see gender violence: returning to the UK.

If you want to report the incident to the police

You can contact the police directly by phoning the 112 emergency number, or in person at a police station. You can also ask them to inform the nearest British Consulate in Spain, so we can support you.

The National Police (UFAM – Unidad de Atención a la Familia y la Mujer) and the Guardia Civil (EMUME – Equipo de Mujer y Menor) are responsible for investigating gender violence cases and for protecting women and children who are victims.

Depending on where you are in Spain, there are also regional police forces:

• Mossos d’Esquadra (Catalonia)
• Ertzainta (Basque Country)
• Policia Foral (Navarre)
• Policia Canaria (Canaries)

When you report the incident, specialised gender violence police will interview you at the police station. You can request to speak to a female officer, if one is available. Police officers may not speak English but will provide an interpreter for you if you do not speak Spanish. The British embassy and consulates do not offer interpreting or translation services but may be able to assist you in exceptional circumstances.

Court hearing

When you have made your statement the police will submit their report to court to decide on any protection orders. The judge will call you to an initial hearing and hold a separate one with the perpetrator and the public prosecutor.

The perpetrator must be brought to court within 72 hours of arrest.

After this hearing the judge will determine whether there is a gender violence case and what measures to put in place to protect you in the meantime. These may be criminal; for example a restraining order or an order preventing the perpetrator from communicating with you; or civil, for example the perpetrator must leave the family home.

After the hearing, one of these outcomes will follow:

• ‘juicio rápido’ - if immediate evidence is enough to demonstrate a crime has been committed, meaning it can move straight to a hearing
• ‘diligencias previas’ - when further investigation is needed. You may be required to provide further evidence or statements and the matter could go to full trial
• case archived, if it is assessed that no crime has been committed or there is insufficient evidence to proceed at that time

The court considers the statement of the victim as fundamental evidence because gender violence often happens without witnesses.

If a consular officer is available we may be able to accompany you to the police station and help you to understand the process. You do not have to give up your passport whilst the investigation is carried out, but you will need to provide up-to-date contact details.

When you make your statement, police officers will make a risk assessment and activate appropriate protection measures. This may involve arresting the perpetrator. If this happens, adults can be held in police custody for up to 72 hours, by which time he must either appear before a judge or be released.

Gender violence courts

Specific Spanish courts specialise in criminal and civil responsibilities ‘for acts that constitute crimes of gender violence’. The same court initially assesses both the civil and criminal aspects of each case. Further courts in each autonomous region have a gender violence section, to make sure these types of cases are handled appropriately.

Each court handling gender violence cases has a Comprehensive Forensic Assessment Unit (or UVFI in Spanish). These units include a social worker, forensic pathologist and forensic psychologist to assess the forensic evidence (medical and psychological) and social impact of the violence. For example, they will assess the victim/perpetrator environment and circumstances. This evidence helps judges to make decisions about criminal and/or civil proceedings, as well as protection measures.

There must be a criminal prosecution case for gender violence for the ‘courts of instruction’ to adopt civil measures.

Legal aid and lawyers

All victims of gender violence in Spain are entitled to a legal aid lawyer, even if they are not resident in Spain or Spanish nationals. You can ask for a legal aid lawyer at the police station when you are giving your statement, and also at court.

When you arrive at court, the court officials should ask you if you want a legal aid lawyer. If the court officials do not ask you this question, you can ask at any time by saying: “Quiero solicitar asistencia juridica gratuita.”

If you accept a legal aid lawyer, they will represent you throughout the investigation and court proceedings and can obtain updates for you. Your legal aid lawyer may not speak English. Read more about legal aid in Spain.

If you prefer, you can proceed without legal representation or appoint a private lawyer.

If you are not sure if you have been assigned a legal aid lawyer or you do not have their contact details, you can ask at the court. The British embassy or consulate can make this enquiry on your behalf.

Most courts also have a victim support office “Oficina de Ayuda a la Victima”, usually located in the main court building. This office can advise you on your rights and what other support may be available.

If you do not want to report your gender violence matter to the police, you can still seek legal advice on your situation, particularly if children are involved. In many parts of Spain, you can contact your local Centro de Mujer (Women´s Centre) by calling 016. If there are children involved and you are considering returning to the UK you may also wish to contact Reunite International.

If you want advice from a private English-speaking lawyer, see the Find a lawyer in Spain.

Support organisations in Spain

General and emergency helpline for domestic violence

• 112 (emergencies)
• 016 (general information) - legal assistance is also provided through this number between the hours of 8am to 10pm Monday to Sunday

016: helpline

Immediate 24-hour information, advice and assistance

Phone: 016 / Text: 900 116 016

Email: 016-online@igualdad.gob.es

Hours: 24/7

Services offered: Free confidential helpline offering information on social resources, financial aid, access to sheltered housing, employment advice, legislation on residence papers for foreigners, legal issues on criminal and civil affairs (children and family relations). Plan for dealing with and preventing domestic abuse among foreign immigrant populations. Can forward call to 112 in case of emergency.

English language: Yes.

Themis Mujeres

• legal advice and representation (not counselling) for victims of domestic abuse
• support is largely provided over the phone, not in person

Town hall support

Most town halls have a councillor to support women, often have a section through the social services department to support victims of domestic abuse.

If you are on the town hall register (padron) at your local town hall, contact them directly to find out how they can help, or the nearest embassy or consulate can help you if you are unable to contact them yourselves.

UFAM

091 (emergencies)

National police unit (in large towns in Spain and Benidorm) dedicated to crimes of sexual assault, gender and domestic violence against women.

EMUME

062 (emergencies)

Guardia Civil unit (covering smaller towns) dedicated to cases of sexual assault, gender and domestic violence against woman and minors.

Samaritans in Spain

Available by telephone or email to speak to any English speaker who is experiencing emotional problems of any kind. More information on the Samaritans in Spain website.

Freephone from Spain: 900 525 100 between 10am to 10pm to talk to a trained listener in total confidence. pat@samaritansinspain.com

Regional support organisations

Each Spanish region has a list of local organisations and charities who can support domestic abuse victims:

• Alicante, Valencia and Castellon provinces and Murcia region
• Andalusia
• Catalonia
• Gran Canaria
• Ibiza and Formentera
• Madrid region
• Mallorca and Menorca
• Tenerife, La Palma, La Gomera and El Hierro

Returning to the UK

If you are considering returning to the UK you may also wish to contact support organisations.

Organisation	Telephone number	Further information
Women’s Aid	0808 2000 247
Women’s Aid Scotland	0800 027 1234
Women’s Aid Wales	0800 80 10 800
Women’s Aid Northern Ireland	0808 802 1414
Refuge	080 2000 247
Karma Nirvana	0800 5999 247	Supports BAME women
Southall Black Sisters	020 8571 0800	Supports BAME women
Respect	0808 801 0327	Supports male victims and perpetrators
The Hideout		Run by Women’s Aid to help children and young people understand domestic abuse.

Disclaimer

This information is provided as a general guide and is based upon information provided to the British Embassy in Spain by the relevant local authorities and may be subject to change at any time with little or no notice. Accordingly, the Foreign, Commonwealth & Development Office and the British Embassy will not be liable for any inaccuracies in this information. British nationals wishing to obtain any further information must contact the relevant local authority.