Criminal Defense Lawyers Specialized in Gender-Based Violence

We are a criminal law firm based in Madrid, experts in gender-based violence offenses. Since the establishment of Valmaseda Abogados, we have maintained a solid defense in cases of gender violence, achieving notable results throughout the country and especially before the National Court, obtaining acquittals or case dismissals for our clients during the investigation phase.

Gender-based violence refers to any act carried out by a man that causes physical, sexual, or psychological suffering to a woman solely because she is a woman

Gender-based violence typically has the following characteristics:

Most often it is exerted by a male toward a woman with whom he has or had an affective relationship, with or without cohabitation.
It also includes cultural practices such as female genital mutilation, child/forced marriage, international trafficking of women, rape, and sexual harassment. However, Spanish law defines gender violence as physical, sexual, or psychological aggression against a woman by a man with whom she had an affective relationship.
The victim must be a woman — since 2014, minor children of women who suffer such violence are also considered victims.
Gender violence may take different forms, including physical, psychological, sexual, or economic violence.
It affects physical integrity, freedom, and moral integrity, and is driven by the intent to assert male superiority.

Legal Framework for the Protection of Women Against Gender Violence

The legal protection for women who are victims of gender violence can be found in the following laws and regulations: Valmaseda Abogados

Spanish Constitution — Fundamental Rights and Public Liberties (Article 15). Valmaseda Abogados

European Parliament Decision 779/2007 CE — program to prevent and combat violence against children, youth, and women. Valmaseda Abogados

Organic Law 1/2004 — Comprehensive Protection Measures Against Gender Violence. Valmaseda Abogados

Spanish Criminal Code — defines criminal offenses such as habitual and non-habitual abuse, coercion, threats, assault, harassment, defamation, and minor violations. Valmaseda Abogados

Civil and Criminal Procedure Laws.

Organic Law 1/2015 — updates to strengthen protection for victims. Valmaseda Abogados

Organic Law 8/2021 — comprehensive protection of children and adolescents against violence. Valmaseda Abogados

Law on Violence Against Women Specialized Courts (“Juzgados de Violencia sobre la Mujer”).

Special Protection Measures for Women Victims

Women victims of gender violence are granted special protections, including: Valmaseda Abogados

Specialized Courts: Courts dedicated exclusively to gender violence offenses. Valmaseda Abogados
Protection Orders: Precautionary civil or criminal measures to defend victims. Valmaseda Abogados
Labor Rights: Victims may request reduced or restructured work schedules, relocation, or suspension of employment while maintaining job protection. Justification is accepted for absences or lateness due to the situation. Valmaseda Abogados
Priority Access to Social Assistance: Including public housing and social support services. Valmaseda Abogados
Immediate Free Legal Assistance: Available regardless of economic means.

Specific rights

Citizens’ rights pay special attention to situations of gender-based violence (Viogen), prioritizing victims’ access to subsidized housing and public senior residences, as well as the right to comprehensive social assistance, free legal advice, and social aid.

In the case of free legal assistance, it must be provided immediately and regardless of the availability of resources to litigate.

Central Registry for the Protection of Victims of Gender Violence and Domestic Violence

This registry records criminal convictions and protective measures imposed for these offenses. It provides information on the perpetrator’s history to help make informed judicial decisions and appropriate protective actions.

Difference Between Gender Violence and Domestic Violence

Although the terms gender violence, violence against women, and domestic violence are sometimes used interchangeably, legally they differ:

Domestic violence refers to physical or psychological violence within the family by a dominant member.
Gender violence (VIOGEN) is a specific type of domestic violence — the victim must be a woman and the aggressor a man with an affective relationship (past or present).
Children of women victims are considered victims under gender violence, but not under domestic violence.