Gender Violence Against Men
Gender violence is a broad term that refers to any act of violence by one gender against another. This includes violence against men in both private and public spheres.
This type of violence has been historically silenced and socially underestimated, leaving many men without recognition, support, or legal protection.
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Recognize the Signs
What You Should Know
- You have the right NOT to testify before the police or civil guard and may only do so before the Court.
- The law grants up to 8 hours for your specialized lawyer to appear.
- The protection order may suspend visitation rights with your children.
- Gather all evidence that may support your version of events and prove your innocence.
If you are experiencing any of these situations, seek help. You deserve a life free from violence.
What does the procedure involve?
Following the initial gender violence complaint, the accused will be detained and taken to a holding cell until the expedited trial takes place or the protection order is issued:
Expedited Trial
At the Gender Violence Court, statements are taken separately from the victim, the accused, and the witnesses.
ONCE THE QUESTIONING IS COMPLETED, A HEARING IS HELD TO DECIDE WHETHER OR NOT A PROTECTION ORDER SHOULD BE GRANTED TO THE VICTIM.
The protection order may involve criminal and civil measures:
It is decided here whether restraining and communication orders should be imposed regarding the victim, as well as whether measures concerning parental authority, guardianship and custody of the children, visitation rights, assignment of the home, child support, etc., should be established.
AS A GENERAL RULE, THE PROSECUTION WILL REQUEST THE PROTECTION ORDER AND THE DEFENSE WILL OPPOSE IT.
Settlement Agreement
If there is sufficient evidence that the offense has been committed, the parties will meet with the prosecutor to try to reach an agreement regarding the defendant's acceptance of guilt.
IF THE DEFENDANT ACCEPTS THE AGREEMENT, A SENTENCE WILL BE ISSUED WITH A REDUCTION OF ONE THIRD OF THE PENALTY.
For example, if the defendant accepted a 6-month prison sentence, the penalty would be reduced to 4 months of imprisonment.
If there is not sufficient evidence of a crime, meaning there is not enough proof supporting the victim's version of events, the defence and the prosecutor will request the dismissal or closure of the case due to lack of evidence, which in most cases will be granted by the court.
Trial
It is held at the Criminal Court in cases where the accused and the defense do not wish to accept the proposal made by the prosecutor, considering that the events reported by the victim are not proven or are manifestly false.
A NEW HEARING WILL THEN BE SCHEDULED WITHIN 15 DAYS, WHERE FURTHER EVIDENCE MAY BE PRESENTED.
Therefore, the trial may be prepared with greater guarantees by presenting new witnesses, documentation, and even expert reports that may support the different versions.
Appeal
The judgment issued by the Criminal Court may be appealed within 5 days before the Provincial Court.
Surely you still have doubts
I have prepared a list with some of the most frequently asked questions, but if you still have questions, write to us at hola@abogadoviolenciadegenero.com and we will help you
It may also be reported by witnesses of the events, including law enforcement officers or medical professionals assessing the victim, who will submit the medical report directly to the courts.
The law allows you to appoint a private specialized lawyer who may appear up to 8 hours after the detention.
You have the right to remain silent and not to plead guilty; anything you say may be used against you.
What the alleged victim may do is refuse to testify against their partner, provided they withdraw as a private prosecutor.
What the alleged victim may do is refuse to testify against their partner, provided they withdraw as a private prosecutor.
Within 15 days, if the defendant does not accept the sentence requested by the prosecutor before the Gender Violence Court, a Trial will be held before the Criminal Court.
Article 468 of the Spanish Criminal Code provides:
“Those who breach their sentence, security measure, imprisonment, precautionary measure, escort, or custody shall be punished with imprisonment from six months to one year.”