Gender Violence in Spain: Protective Orders, Restraining Orders and Protection 2026

# Gender Violence in Spain: Protective Orders, Restraining Orders and Protection 2026

Organic Law 1/2004 (LOIVG) establishes a specialised protection system for women who are victims of violence by a current or former male partner. The law created the Tribunales de Instancia de Violencia sobre la Mujer (JVM), which have exclusive jurisdiction over both criminal and civil matters when gender violence is alleged.

Protection Order (Art. 544 ter LECr)

The Protection Order can be requested immediately after the complaint and must be resolved within 72 hours. It can include: restraining orders, communication bans, provisional custody arrangements, use of the family home, and social assistance measures including automatic free legal aid.

Key criminal offences

• Art. 153.1 CP: occasional domestic battery (6 months–1 year)
• Art. 173.2 CP: habitual domestic abuse (6 months–3 years)
• Art. 172 ter CP: stalking (1–5 years)

Lexiel helps criminal and family lawyers specialising in gender violence to find JVM and Supreme Court case law, prepare protection order applications and manage related civil proceedings.