Article 153 of the Spanish Criminal Code: penalties for partner abuse

Article 153 of the Criminal Code is the provision that applies to assaults without injury, or with minor injuries, within a couple. A push, a slap or a blow that leaves no injury can be enough for a conviction with a mandatory restraining order and a criminal record.

If you are the accused, remember that you are protected by the presumption of innocence: at our firm we work as a lawyer for men accused of gender or domestic violence and review every piece of evidence before you take any decision.

What article 153 CP punishes

The offence is committed when, by any means, a person causes another:

• psychological harm,
• a less serious injury, that is, one that does not require medical or surgical treatment beyond initial first aid (the injury in art. 147.2 CP), or
• a blow or physical mistreatment without injury.

What is decisive is who the victim is. Between strangers, these acts are minor offences punishable by a fine and can only be prosecuted if the injured party files a complaint (art. 147.2 and 3 CP). Against a partner or a relative, they are a less serious offence, potentially carrying prison, which is prosecuted ex officio (by the authorities, without a complaint being required).

If your case involves an assault outside a relationship or the family, we explain it on our assault and bodily harm lawyer in Alicante page.

The penalties, subsection by subsection

Subsection 1 covers gender violence and subsection 2 domestic violence; we explain this in the differences between gender violence and domestic violence.

The restraining order: a penalty that is always imposed

For offences causing injury committed against a partner, former partner or the relatives listed in art. 173.2 CP, article 57.2 CP requires the ban on approaching the victim to be imposed “in all cases”.

• As it is a less serious offence, the ban can last up to five years.
• If prison is also imposed, the restraining order must last between one and five years longer than the prison term, and both sentences are served at the same time (art. 57.1 CP).
• The ban on communicating with the victim is not automatic, but the judge can add it (art. 57.1 CP).
• While it is being served, any contact arrangements with the children set in a civil judgment are suspended (art. 48.2 CP).

Breaching it, even if the victim consents, is the offence of breach (quebrantamiento) (art. 468.2 CP). We go into this in penalties for breaching a restraining order, and on time limits, in how long a restraining order lasts.

Fast-track trial and plea agreement

Most of these cases are dealt with as fast-track trials (juicio rápido) (art. 795 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal, LECrim). If the accused accepts the facts and the penalty at the duty court, the penalty sought is reduced by one third (art. 801 LECrim). If the victim has joined the proceedings as private prosecutor (acusación particular), the accused can accept, in his defence submission, the most serious charge brought (art. 801.5).

A plea agreement (conformidad) is a final conviction, with a criminal record, a restraining order and loss of the right to possess weapons: before accepting it, you need to read the police report and assess whether there are grounds to go to trial. More detail on our page about fast-track trials for gender violence.

Will I go to prison? Suspension of the sentence

A prison sentence of no more than two years can be suspended if the convicted person is a first-time offender and pays, or undertakes to pay, the civil liability (art. 80 CP). The suspension period is two to five years (art. 81 CP).

In gender violence cases, suspension carries mandatory conditions (art. 83.2 CP):

1. A ban on approaching and communicating with the victim, her home and her workplace.
2. A ban on living in or going to certain places.
3. Taking part in a training programme, for example on equal treatment or peaceful conflict resolution.

If the convicted person commits a new offence or seriously or repeatedly breaches the conditions, the judge revokes the suspension and the prison sentence is enforced (art. 86 CP).

Criminal record

The conviction is entered in the Central Register of Convicted Persons (Registro Central de Penados). It can be cleared once all criminal liability has been extinguished, including the restraining order, and the period in article 136 CP has passed without reoffending: two years for sentences not exceeding twelve months, three years for other less serious sentences of under three years and five years for sentences of three years or more, counted from when the sentence is extinguished. As the restraining order usually lasts longer than the prison term, it is often that sentence that sets the timetable. While the record remains, a new conviction can prevent another suspension and lead to a heavier sentence for reoffending (arts. 22.8 and 80.2 CP).

If you are the victim and if you are the accused

If you have been assaulted, the prosecutor always brings charges, but you can join the proceedings as private prosecutor with free legal aid (art. 20 of Organic Act 1/2004 on gender violence, Ley Orgánica 1/2004), apply for a protection order and claim compensation. An early medical report, even if the injury is minor, is a great help in proving what happened.

If you have been reported, you have the right to remain silent and to a lawyer from the moment of arrest. The prosecution must prove the facts, and inconsistencies, medical reports or witnesses can change the outcome. Do not contact her, even if there is no restraining order. Start with what to do if you have been reported for gender violence.

Article 153 in the Alicante courts

In the Alicante judicial district, the preliminary steps in these fast-track trials and plea agreements are handled by the Gender Violence Section of the Court of First Instance (Sección de Violencia sobre la Mujer del Tribunal de Instancia), at Avenida Aguilera, 53 (03007 Alicante), according to the CGPJ directory. If there is no plea agreement, the trial takes place in the Criminal Section (Sección de lo Penal), which also enforces the judgment and decides on suspension (Organic Act on the Judiciary, LOPJ, following Organic Act 1/2025).

Celeste Pérez Bleda has more than 20 years’ experience in criminal law and has assisted more than 800 detained persons. We review the police report before the first statement, assess whether a plea agreement or a trial is the better option and, when we act for the victim, join the proceedings as private prosecutor.

Need help in a similar situation? Celeste Pérez Bleda is a gender violence lawyer in Alicante and will review your case in complete confidence.

Frequently asked questions

Is a push without injury an offence under article 153?

Yes. Article 153 CP also punishes hitting or physically mistreating someone without causing injury when the victim is a partner, former partner or a relative listed in art. 173.2 CP. An injury report is not needed for there to be an offence, although proof of the facts is still essential for a conviction. Between strangers, the same conduct would be a minor offence punishable by a fine.

What is the penalty under article 153.1 of the Criminal Code?

Six months to one year in prison or 31 to 80 days of community service, and in all cases loss of the right to own and carry weapons for one year and one day to three years. The judge can add disqualification from parental authority for up to five years. The ban on approaching the victim is always imposed under art. 57.2 CP.

Can I avoid a restraining order if I am convicted under article 153?

No. Article 57.2 of the Criminal Code requires the ban on approaching to be imposed in all cases where the victim is a partner, former partner or a relative listed in art. 173.2 CP. What can be argued is its duration, within the legal maximum, and whether the ban on communication, which is not mandatory, is added.

Will I have a criminal record if I accept a plea agreement in a fast-track trial?

Yes. A judgment by agreement is a final conviction and is entered in the Central Register of Convicted Persons, even if the penalty is reduced by one third and the prison sentence is suspended. The record is cleared once all sentences, including the ban on approaching, have been extinguished and the period in art. 136 CP has passed without reoffending, which depends on the length of the sentences imposed.

What if it was a mutual fight and we both hit each other?

Each person can be investigated for what they did. If she is the victim, art. 153.1 applies; if he is, art. 153.2 applies, with different penalties. Self-defence can exclude liability if a prior unlawful attack, the reasonable necessity of the means used and the absence of provocation are proven (art. 20.4 CP). These cases require a very careful review of both parties’ evidence.

Whether you have suffered abuse in a relationship or are facing an accusation under article 153, we explain clearly what may happen and what options you have before each step. Our team will assist you in English. Find out about our work defending men in domestic and gender violence cases or message us on WhatsApp at 607 449 491, 24 hours a day: we will reply straight away.