The legal framework
Organic Law 1/2004 on comprehensive protection measures against gender violence created the courts for violence against women, the protection order, free legal assistance for victims and the associated employment and social rights; the Penal Code aggravates injuries, threats and coercion by a man against his partner or former partner. The 2017 State Pact extended protection to all forms of violence against women, and Organic Law 10/2022 redefined sexual offences around consent. Violence within other couples (woman against man, same-sex couples) is prosecuted as domestic violence (article 173.2). Between 45 and 60 women are killed by a partner or former partner each year; about 200,000 complaints are filed annually.
Spain's system is one of Europe's most developed and, in some respects, faster than the British one: a protection order — the equivalent of a non-molestation and occupation order combined, plus interim custody and maintenance — can be requested at any police station without a lawyer and is decided by a specialised judge within 72 hours; a duty lawyer is appointed free from the moment of the complaint; the VioGén police system assesses risk and follows every case.
British women in Spain have exactly the same rights, whatever their residence status: the 016 line answers in English, the specialised police units (UFAM, EMUME) have interpreters, and the consulates can help with shelter, repatriation and contact with UK services. A Spanish protection order is not directly enforceable in the UK — the EU protection-measures regulation no longer applies — so a woman who returns should apply for a non-molestation order in England, producing the Spanish order as evidence; conversely a UK order has no automatic effect in Spain.
Key points
| Telephone | 016 (24 hours, free, does not appear on the bill; also WhatsApp 600 000 016 and email 016-online@igualdad.gob.es), in English and more than 50 languages; 112 in an emergency |
|---|---|
| Protection order | Requested at a police station, court or prosecutor's office; the court for violence against women decides within 72 hours: removal, ban on contact, exclusion from the home, interim custody, maintenance |
| Complaint | At a police station (UFAM units of the Policía Nacional, EMUME of the Guardia Civil), the duty court or the prosecutor; the specialised court handles criminal and civil matters together |
| Rights | Free lawyer from the complaint, financial aid, housing priority, residence permit for foreign women (Immigration Law, article 31 bis), electronic monitoring of the aggressor |
| VioGén system | Police risk assessment and follow-up; more than 100,000 active cases |
| Figures | Between 45 and 60 women killed by a partner or former partner each year; about 200,000 complaints a year |
In practice
- In danger: 112 or 091 (Policía Nacional); the police can arrest the aggressor and bring him before the duty court.
- Call 016 for legal and psychological guidance in English, without reporting; 016 directs you to the support centres of each region.
- Report at the specialised police unit: a statement is taken, the risk is assessed (VioGén), a duty lawyer is offered and the protection order is requested, decided within 72 hours.
- Foreign women in an irregular situation are not expelled for reporting: the law suspends the file and provides a residence permit if the case proceeds; British women resident under the Withdrawal Agreement keep their status independently of the aggressor.
- The women's centres of each region offer shelter, psychological support and accompaniment; the ALERTCOPS app lets you alert the police discreetly; the British consulate can help with emergency travel documents and contact with UK refuges (Refuge, Women's Aid).
Cost and coverage
Everything is free: telephone, duty lawyer and procurador from the complaint, psychological care, shelter. Victims are also entitled to financial aid (active insertion income, the Law 1/2004 grant) and exemption from fees.
Recent changes
Law 10/2022 redefined sexual offences and caused a controversy in 2023 over reduced sentences, corrected by Law 4/2023; the 016 line was extended to all forms of violence against women. The Ministry of Equality publishes femicide figures monthly; Law 1/2004 turned twenty in 2024.
Where to go
- 016 (24 hours) and 112; Policía Nacional 091, Guardia Civil 062.
- Courts for violence against women in every judicial district.
- Government Delegation against Gender Violence (violenciagenero.igualdad.gob.es): resources by province.
- Women's centres and women's institutes of the autonomous communities; British consulates; in the UK, the National Domestic Abuse Helpline 0808 2000 247.
Worth knowing
The protection order can be requested without a lawyer at the police station itself and is decided within 72 hours: it is the most effective and the fastest instrument. Withdrawing the complaint does not close the case — the offence is prosecuted ex officio — but the victim may invoke the exemption from testifying; the duty lawyer explains the consequences. And do not leave for the UK with the children without a court order: even in cases of violence, the Hague Convention would require their return.
Frequently asked questions
I am British and my partner is violent — will the Spanish police help me even though I speak little Spanish?
Yes. Call 016 (English is available) or go to any police station; the specialised units use interpreters, a free lawyer is appointed at once, and the protection order — removal of the aggressor, ban on contact, interim arrangements for the children — is decided within 72 hours. Your residence status does not matter. The consulate can help with shelter and contact with UK services but cannot intervene in the case.
Can I take the children back to the UK to escape him?
Not without the other parent's written consent or a Spanish court order, even in a violence case: leaving would be international child abduction under the Hague Convention and the English court would order the children's return. Ask the court for violence against women, in the same 72-hour procedure, for interim sole custody and, if you want to relocate, for authorisation to move — violence is a strong ground.
Is a Spanish protection order valid in the UK?
Not automatically since Brexit. Apply to the Family Court in England and Wales for a non-molestation order (Family Law Act 1996), producing the Spanish order and police reports as evidence; it is usually granted quickly, without notice if there is a risk. Conversely, a UK order gives no protection in Spain until a Spanish court issues its own.
Official sources and links
- Organic Law 1/2004 on comprehensive protection measures against gender violence — BOE
- Government Delegation against Gender Violence — 016 and resources — official portal
- GOV.UK — support for British nationals: victims of crime abroad — consular support
- Administración General del Estado — administracion.gob.es — official portal of Spanish public services, with pages in English
- Boletín Oficial del Estado (BOE) — Spanish legislation, official and consolidated texts
- British Consulates in Spain — gov.uk — living in Spain guide, consular help, lists of English-speaking lawyers