Your partner or former partner has reported you for gender-based violence in Spain, and you maintain that events did not happen as described in the complaint. You may have received a summons, have an upcoming statement to give, or need to understand a court order. You want to explain what happened and know which documents to prepare so you can approach your defence with clear guidance.
At EXLEGEBCN, a law firm in Barcelona, we examine these situations and prepare the defence on the basis of the case file and the available evidence. If you believe a complaint of gender-based violence against you is false, the first step is to understand the allegations and identify what needs immediate attention.
Before giving a statement, understand the allegations and your rights
A complaint does not mean you have been convicted. As a person under investigation, you have the right to legal assistance, to be informed of the allegations and to remain silent. Whether to give a statement, and when, should be discussed with your lawyer in light of the information available and your procedural position.
Bring the summons and any court orders you have received, even if you do not understand them. If you do not have a copy of the complaint, let us know: access to the case file will need to be checked at the relevant stage of proceedings. Do not ignore a summons because you believe the allegations are false. It is also unwise to improvise explanations in messages or pressure the other person to withdraw the complaint.
Which evidence may matter to your defence?
Saying that an allegation is false does not replace examining the facts. It is important to reconstruct when and where the reported events allegedly took place, who was present, and what information can help check those details. Depending on the case, complete conversations, emails, employment records, travel documents, reports or people who directly witnessed events may be relevant.
Preserve originals and the context of communications. An isolated screenshot may leave out an important part of a conversation; nor does every document prove what it first appears to. Do not alter files, delete messages related to the case or access someone else’s accounts. The firm will assess which material is relevant, how it was obtained and whether expert verification is needed before submitting it.
If a restraining order is requested or a measure is already in place
During proceedings, measures may be requested affecting contact with your partner or former partner, your home or family arrangements. The court decides whether to impose them, and they do not amount to a conviction. The defence should examine the application and documents, and assess any appropriate submissions or appeals.
If a prohibition on approaching or communicating with the other person is already in force, comply with its terms. Do not treat a message from that person as permission to breach it. If you need to collect belongings, resolve an issue concerning children or clarify the scope of the order, ask how to proceed through the appropriate channels. Avoiding a further dispute is also part of protecting your defence.
An example: checking a date can change the assessment
Hypothetical example. A man receives a complaint concerning events his former partner places on a particular date. He says he was working outside Barcelona that day and brings his diary and several messages to the firm. The review does not simply accept his account: the times, available documents and exact allegations are compared to assess which investigative steps to request. An apparent inconsistency deserves examination; on its own, it cannot establish how the proceedings will end.
When can action over a false complaint be considered?
Preparing your defence and taking action against the person who reported you are separate matters. Under Spanish law, the offence of making a false complaint requires falsely alleging criminal conduct with knowledge of its falsity or reckless disregard for the truth. A case being closed or ending in acquittal does not, by itself, establish that the complainant committed that offence.
Article 456 of the Spanish Criminal Code sets a prerequisite for proceeding against the complainant: there must be a final judgment or a final court order dismissing or closing the proceedings concerning the alleged conduct. It is then necessary to examine whether there are sufficient indications of falsity and grounds for further action. The viability of that action and any possible compensation claim depends on the circumstances and evidence in each case.
How our law firm handles these cases
We begin by listening to your account and reviewing what the case file contains. We organise the documents, identify matters requiring clarification, and explain the options and their risks. Depending on the agreed engagement and the stage of proceedings, we can assist you when giving statements, request investigative steps, respond to applications for measures and prepare your defence for trial.
If the dispute coincides with a separation or affects children, the criminal and family-law issues will also need to be coordinated. Cases do not all follow the same course or take the same time. Our work is to assess your particular circumstances and prepare each step, without promising immediate dismissal or a guaranteed outcome.
What to prepare before consulting us
Gather the summons, any court orders you have received, and documents or communications relating to the allegations. Prepare a chronological account of relevant dates and tell us about any upcoming statement or measures in force. You do not need to have worked out how to establish what happened: we can start by reviewing the available information and identifying the appropriate next steps.