The descendants of the aggressor’s partner or wife.
Lawyer Gender-Based Violence in Madrid
The offence of gender-based violence can be defined as any act of violence, whether physical or psychological, committed by a man against a woman with whom he has or has had an affective or sentimental relationship similar to marriage, regardless of whether they live together or not.
Perpetrator: always a man. Victim: a woman.
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The best lawyer for gender-based violence offences in Madrid
If you are a woman
Report it now! He will never change. He has a problem and you cannot solve it. Get to safety. Call us and we will explain the entire process to you. The best criminal defence for you.
If you are a man and have been reported
Call us as soon as possible so we can advise you and explain how to proceed. We are specialists.
Courts for Violence against Women · LO 1/2004.
Criminal code · Art. 153
Indirect victims of
gender-based violence
In the current Criminal Code, in Article 153, the following are considered indirect victims of this offence:
The offender’s descendants.
Minors or persons with disabilities in need of special protection, and all those subject to the parental authority, guardianship, legal custody, curatorship, or foster care of the woman or partner.
Why Granda
Gender-based violence legislation
Article 153 · Criminal Code
The Criminal Code criminalises the offence of gender-based violence in Article 153, establishing that: That which, by any means or procedure, causes another person psychological harm or an injury considered to be of lesser severity under Article 147.2 of the Criminal Code, or who assaults or mistreats another person without causing injury, provided that the victim is or has been their wife or a woman who is or has been linked to them by a similar affective relationship (even without cohabitation), or also when the victim is a particularly vulnerable person who lives with the offender, shall be punished with a prison sentence of 6 months to 1 year, or community service (31 to 80 days), and deprivation of the right to own and carry weapons (1 year and 1 day to 3 years), as well as disqualification from exercising parental authority, guardianship, legal custody, curatorship, or foster care (up to 5 years), only in cases where the judge or court considers it appropriate in the best interests of the minor or of the person with a disability in need of special protection.
Section 2 — Particularly protected victims
The second paragraph of the same article states that, if the victim of this offence is any of the persons referred to in Article 173.2 of the Criminal Code (with the exception of those already included in the previous paragraph of this article), the offender shall be punished with a prison sentence of 3 months to 1 year, or community service (31 to 80 days), and in any case, deprivation of the right to own and carry weapons (1 year and 1 day to 3 years), as well as disqualification from exercising parental authority, guardianship, legal custody, curatorship, or foster care (6 months to 3 years), only when the judge or court deems it appropriate in the best interests of the minor or of the person with a disability in need of special protection.
Section 3 — Aggravated form
The third paragraph of this article establishes an aggravated form:
- When the offence is committed in the presence of minors.
- When weapons are used.
- When it is committed in the shared residence or in the victim’s residence.
- When it is committed in breach of a penalty under Article 48 of the Criminal Code, or a precautionary measure or security measure of the same nature.
In these cases, the penalty provided for in paragraphs 1 and 2 above shall be imposed in its upper half.
Organic Law 1/2004
Furthermore, Organic Law 1/2004 (28 December) on Comprehensive Protection Measures against Gender-Based Violence regulates this offence and defines it as follows: gender-based violence is that which, taking into account situations of inequality, discrimination, and power relations of men over women, is exercised against women by those who are or have been their spouses or who maintain or have maintained a similar affective relationship, regardless of whether or not they have lived together.
United Nations and jurisdiction
The United Nations has stated that the term "gender-based violence" is used to distinguish general violence from that which is directed at individuals or groups on the basis of their gender.
The Courts for Violence against Women shall have jurisdiction to hear these offences, in accordance with the procedures and remedies set out, as applicable, in the Criminal Procedure Act and the Civil Procedure Act.
In the media
Successful cases of gender-based violence
Concepts
What is the difference between gender-based violence and domestic violence?
As a law firm, we are experts in gender-based violence offences in Madrid and we believe it is important not to confuse both concepts.
Domestic Violence
It is that which occurs within the family unit itself and between people who live together.
Gender-based Violence
It is not a fundamental requirement that the perpetrator and victim live together, as it is regulated to protect women from both physical and verbal assaults committed by their husband or stable partner against them.
