Gender-based violence in Spain 2026: protection order, measures and victims' rights

Legal framework: LO 1/2004

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.

Protection order (Art. 544 ter LECrim): 72-hour resolution

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.

Employment rights

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.

Free legal aid (Art. 20 LO 1/2004)

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.