Spain

Participants:
Fernando Bejerano Guerra - lawyer
Pilar Cascón Ansotegui - lawyer
Joaquín Castro Colás - judge's clerk
Carolina Cubero Flores - judge's clerk
Adolfo Dominguez Ruiz de Huidobro - lawyer
Angeles Iturralde Sanchez - lawyer

Case:

On 19 November 2006, Andrés A. had an argument with his wife, Antonia A., at the family home, and during a physical struggle, he pushed her against the wall. Antonia left the apartment and bumped into a neighbour, who called the local police (a car arrived in a few minutes). Antonia suffered some bruises on the head that healed in four days, without physical sequels. The instructing judge who examined the case issued a restraining order as cautionary measure preventing Andrés from approaching Antonia at less than 500 metres for six months. Once that period had ended, Antonia and Andrés resumed their cohabitation at the family home.
On 15 November 2007, at the family home again and after a new quarrel, Andrés hit Antonia causing her several injuries on the face, then leaving the apartment. He was under the influence of alcoholic substances at that moment. When arriving at the house, a local police patrol found Antonia in a panicking state. She was brought to hospital, where a jawbone fracture and other injuries were diagnosed and treated. The injuries took eight days to heal and left physical sequels (a broken front-tooth and loss of visual sharpness). That night, Andrés was arrested by the national police at a bar near his home.
As a result of the said assault, a criminal investigation (the so-called preliminary diligences) was opened by the instructing judge of Madrid. Antonia refused to receive legal advice or official protection, though the judge granted, ex officio, an order of integral protection, thus regulating different civil issues, namely the custody of the couple’s two children (of 2 and 4), the use of the family home and an alimony of € 300 for each of the children - all of which were assigned to Antonia - as well as the access rights of Andrés at a fixed meeting-point. Besides, the judge issued a restraining order, forbidding Andrés to approach Antonia at less than 500 metres for six months.
At that stage, the instruction could be closed and the case would be heard, either as a so-called "fast-track trial" (should Andrés plead guilty) before the same instructing judge or at the higher Criminal Court.
This fictional case might be a good example of the Spanish regulation in force regarding domestic and gender violence, and victims' protection.