Guide to LO 1/2004 gender violence: how to get a protection order, criminal and civil measures, employment rights, free legal aid and economic benefits.
Organic Law 1/2004 is Spain's comprehensive framework for intimate partner violence. Gender Violence Courts (JVM) have exclusive jurisdiction over both criminal proceedings and civil matters (custody, maintenance, family home, divorce), avoiding multiple court appearances.
Criminal measures: restraining order (typically 300-500m from home, workplace, children's school), communication ban, weapons removal, remand in severe cases. Breach = criminal offence (Art. 468 CP), 6 months–1 year imprisonment.
Civil measures: family home attribution to victim, custody suspensión for aggressor (supervised or no visits), provisional child maintenance, patria potestad suspensión in severe cases.
Right to: reduce/reorganise hours; voluntary geographic mobility; suspend employment with job guarantee (6 months, extendable to 18); voluntarily terminate with entitlement to unemployment benefit (Art. 49.1.m ET, unique exception); excused absences.
Guaranteed regardless of economic means: including 24-hour emergency gender violence legal duty service, available before any proceedings begin.
Lexiel helps criminal and family lawyers find updated JVM and Supreme Court case law on gender violence, draft victim representation briefs and calculate applicable civil measures and economic benefits.
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