Domestic Violence

Spain has perhaps one of the worst rates of domestic violence in western Europe, but it has also, to its credit, started to get to grips as a society with the problem, and to be appalled at instances of what it calls violencia de genero – gender violence.

The National Police say thay anyone who is being victimised at home just has to call 091 and they will act. The Health Department says call 016 – the domestic violence hotline. There is also THIS website – private and confidential – and secure even to the point of being able to delete your browsing history on it – dedicated to the fight against violencia de genero in Spain.

The Guardia Civil says it doesn’t matter where or how it is denounced, and anyone can denounce it, not just the victim. The key word is Cuentalo – Report it – and the most immediate way is to call emergency services on 112. This service has a dedicated section staffed by professionals who specialise in domestic violence, and which acts in coordination with the other emergency services.

The terminology of “gender violence” aims to recognize that violence is sometimes directed at men, but it remains statistically and appallingly evident that in the overwhelmingly majority of cases the violence is directed at women. The main domestic violence law in Spain is Ley Orgánica 1/2004, de 28 de diciembre, de Medidas de Protección Integral contra la Violencia de Género, though there is also the Canarian Ley 16/2003, de 8 de abril, de prevención y protección integral de las mujeres contra la violencia de género.

The simple fact is that in 2016 alone, just 112 received 14,390 calls in the Canaries from victims of domestic violence (statistics rom the Instituto de Estadísticas de Canarias – Istac). The Canarian Government has THIS page with information about the resources it has available for anyone in need.

It’s important to note that the law defines domestic violence as any act of physical or psychological violence, including attacks against sexual freedom, threats, humiliation, coercion, sexual abuse, or deprivation of liberty. It doesn’t have to be physical violence. Moreover, it guarantees help for all women regardless of their nationality, religion, or any other factor. If you are in this situation, you have the right to any and all of the following:

  • report the violence to any police force, whether National Police, Canarian or Local Police, or Guardia Civil. Call 091, 016 or 112 (in an emergency, always call 112). The report will initiate a Court investigation which can result in custodial sentences for the assailant. Remember to report previous incidents as well as the current one … and remember to ask for a copy of your report.
  • request a Court Order to provide legal protection while this investigation is ongoing. This protection can include eviction or a restraint order covering physical, electronic or postal communication. If you feel that this legal protection is necessary for your safety, you should ideally request it at the same time as you make the report, though it can be made later if, e.g., your home situation deteriorates.
  • leave your home if you are in danger without losing any of your rights. If you need to leave home immediately in order to be safe, remember to take your personal documents with you. You might well need your passport, healthcare documents, bank account details, a rental contract or proof of property ownership, as well as identifying details of the person who has been violent to you, so a copy of his passport, for example.
  • full information and advice appropriate to your personal situation from all public services, organizations and administrative offices, most importantly covering your protection and security, what help is available, and where it can be obtained. This information must be offered in accessible and comprehensible form. The Tenerife Cabildo has a Domestic Violence Unit as part of its Social-Health Attention Institute (IASS) as a starting point for such advice. Phone them on 922 843 142.
  • social services assistance including emergency help, psychological and social support, and women’s refuges, the providing services working in conjunction with the police, Courts, legal aid system and the health service;
  • immediate and free legal representation by specialist abogado and procurador (equivalent of solicitor and barrister) in all proceedings resulting from the domestic violence suffered. Under the terms of the Legal Aid Law HERE, if you are later deemed capable of paying for legal services, you will be required to pay the bills incurred.
  • a rearrangement or reduction in working hours, though with a corresponding reduction in wages in the latter case, or a temporary suspension of employment with the option to return to work within 6 months (this period can be extended by the Courts for further periods of 3 months up to a maximum of 18). Your right to social healthcare will not be affected. You may not be legally sacked for the exercise of these rights, nor is absence from work a breach of contract if caused by an accredited physical or psychological condition arising from domestic violence. If you are self-employed, and have to stop working in order to be safe, you are entitled to a 6-month exemption from social security payments. Again, your right to social healthcare will not be affected.

The authorities really have put in place a raft of measures and organizations to help women in situations of domestic violence. Perhaps you will be surprised at how broadly this is defined: it is not just a physical attack. Women in this situation are not alone. Don’t suffer when help is at hand.

 

 

 

 

2 Comments

  1. Excellent, think the UK could learn a thing or two. Recognising there is a problem is only half the story, dealing with it (and it’s aftermath) is the most controversial, and hardest aspect, however, have to say well done to Spain in this instance.

  2. I have to say from my own experience, the police did not mess about. Wish the British police handled domestic violence with the same no nonsense approach. I was very impressed and left in no doubt they took it very seriously. About half a dozen police turned up because the neighbors called them and they had my ex face down on the ground immediately.

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