Provisional Dismissal for Domestic and Gender-Based Violence in Marbella

Our client was investigated in urgent proceedings (diligencias urgentes) opened on the basis of a police report (atestado) before the Sección de Violencia sobre la Mujer (Violence against Women Section) of the Tribunal de Instancia de Marbella (Marbella's first-instance court), for acts which, on their face, could have constituted offences of domestic and gender-based violence, assault (lesiones) and abuse within the family (maltrato familiar).

Once the investigative steps that could be carried out had been completed, the parties and the Public Prosecutor's Office (Ministerio Fiscal) were heard in accordance with Article 798.1 of the Ley de Enjuiciamiento Criminal (Spain's Criminal Procedure Act), and all of them requested the provisional dismissal (sobreseimiento provisional) of the case.

By an order (auto) of 2 October 2026, the Court ordered the provisional dismissal of the case under Article 641.1.º of the Criminal Procedure Act, on the grounds that the commission of the offence that had given rise to the proceedings had not been sufficiently established, with the consequent closure of the proceedings once the decision became final.

Are you under investigation in gender-based violence proceedings? You can read our page on gender-based and domestic violence and the frequently asked question on the exemption from the duty to testify, or contact the firm for an initial confidential assessment of your case.