Domestic and gender-based violence lawyer in Velez-Malaga

How a lawyer can help you 

Defence of accused persons and representation of victims

Our firm acts both for people accused of domestic or gender-based offences and for victims seeking legal representation as private prosecutor. This experience helps us understand how evidence is assembled, which issues the court is likely to assess and how criminal and family-law consequences can interact.

Each party requires independent advice. We do not minimise risk, and we do not treat an allegation as proven without examining the evidence. The lawyer’s task is to protect the client’s rights and place the relevant facts before the court.

Complaints, statements and protective orders

Police and court statements may be taken within hours of a complaint. Before answering questions, the suspect should understand the allegation and decide with legal advice whether a statement is appropriate. The victim should explain events accurately, preserve available evidence and describe any factors relevant to current risk.

The urgent hearing may consider restraining and non-contact orders, exclusion from the home and other protective measures. Where there are children, the criminal court may also make temporary decisions affecting contact, custody or use of the family home.

Breach of a restraining order

Breaching a restraining or non-contact order may constitute a new offence, including contact through messages, social media or third parties. The protected person’s consent should not be treated as permission to disregard a court order.

The exact distance, duration, scope and notification date must be understood. If the order creates practical difficulties, an application should be made through the legal process rather than ignoring it.

Non-payment of maintenance and family obligations

Failure to pay court-ordered maintenance may lead to civil enforcement and, where the criminal requirements are met, a prosecution. Not every delay or missed payment is automatically a criminal offence. The order, unpaid periods, financial capacity and deliberate nature of the default must be examined.

A claimant should provide the order and proof of non-payment. A defendant should document income, unemployment, illness, partial payments and material changes in circumstances. Any reduction must be requested from the family court; simply stopping payment can make the position worse.

Digital evidence, witnesses and reports

Messages, audio, calls, emails, photographs, medical records, psychological reports and witness evidence can be important, but they must be obtained and submitted lawfully. Edited screenshots, conversations stripped of context and access to another person’s account may create additional problems.

In family disputes, an impulsive message can become evidence. Where there is a restraining order or severe conflict, necessary communication should be channelled through lawyers or an expressly authorised method.

Doubts you may have