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Lawyers and advisors for individuals and companies in Barber

Gender-based violence and domestic violence

Lawyer for gender-based violence and domestic violence

In this type of matter, it is important not to act blindly or let fear, anger, or pressure dictate your decisions. If there is a complaint, an arrest, an urgent summons, or a situation involving risk, the first priority is to organise the response properly and protect your position.

These cases combine criminal urgency, precautionary measures, and often very serious family consequences. That is why both defence and protection strategies must be carefully planned from the very first moment.
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Criminal defence and victim protection: two different strategies

Here we work on both sides, but never mixing them incorrectly.
If you are under investigation, the priority is to review the facts, evidence, statements, precautionary measures, and the real criminal exposure.
If you are a victim, the priority is different: filing a properly structured complaint, requesting protective measures if needed, and ensuring your safety without being exposed to unnecessary procedural stress. The Law 4/2015, the Victims’ Statute, recognises that every victim has the right to be understood and to understand the process from the moment the complaint is filed and throughout the criminal proceedings. This framework is designed to ensure more structured protection and to reduce secondary victimisation.

Protection order and urgent measures

A protection order is not just a formal document. It can include precautionary criminal measures and protective measures that have an immediate impact on personal and family life.
Article 544 ter of the Criminal Procedure Act (LECrim) is based on reasonable indications of a criminal offence and an objective situation of risk, and provides for an urgent hearing and a judicial decision on the scope and duration of the measures. In addition, Article 544 bis LECrim allows prohibitions on residing in or approaching certain places when strictly necessary to protect the victim.

That is why, whether you need to request protection or defend yourself against urgent measures, the matter must be handled quickly and with strict control.

How we handle these cases

  1. We act quickly
    There is no room for delay here. Summons, arrest, hearing, or protective measures: everything can change within hours.
  2. We reduce the case to facts and evidence
    We do not work only with versions. We work with timelines, messages, witnesses, injuries, context, and inconsistencies.
  3. We design the right strategy
    Criminal defence for the accused or protection for the victim. These are different paths and must be structured correctly from the outset.
  4. We also consider the wider impact
    In many cases there are overlaps with custody, visitation rights, housing, or family measures. That is why this section links closely with Family law.

What documentation we need

If you already have it, it is useful to gather:
  • complaint or summons;
  • protection order or any precautionary ruling, if it exists;
  • medical reports;
  • messages, emails or audio recordings;
  • witness details;
  • and any document that helps properly reconstruct the facts.
If you don’t have everything, that is not a problem. We will tell you what is truly needed and what should not be done blindly.
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It is an urgent judicial decision provided for under Article 544 ter of the Spanish Criminal Procedure Act (LECrim), issued in cases of domestic or gender-based violence when there are reasonable indications of a criminal offence and an objective situation of risk.

Yes. The Victims’ Statute recognises, among others, the right to understand and to be understood from the moment the complaint is filed and throughout the entire criminal proceedings.

Yes, in many cases they do, because they can also affect civil and family-law measures.

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If you are in a situation involving gender-based violence or domestic violence, it is better to act with protection and strategy from the very first moment

Here, there is very little room for error. If you need defence or protection, we help you act quickly, with control and a clear strategy.
 
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