If you are dealing with a gender violence case and also need to sort out a divorce or custody arrangements, it helps to understand how the two processes come together in Spain.
When a gender violence criminal case is being handled by a Gender Violence Court, or when a protection order has been granted for the woman, any related divorce, separation, or decisions about the children must also go through that same Court of violence against women. In these cases, joint custody will not be granted.
If you need to file for divorce in this situation, the deadline matters: the petition must be filed within 30 days of being notified that the protection order was granted.
The Gender Violence Judge handling the case has the authority to decide on several practical matters connected to the family's situation. This includes who gets to use and stay in the family home, the custody arrangement for the children, and how visits, communication, and stays with the other parent will work.
