Procedure for Personal Attack
 

Hello, I am after some advice from anyone on this subject. My friend was punched in her face by a man, other details are not being disclosed. She went to the doctors where she was examined, all notes were then sent to the courts, she has been told when they receive them the police will be called out to arrest this man. She needs to know what she should do after that happens?

Re: Procedure for Personal Attack
 

Hola

Go to an abogado - what you need is precise information, not some bloke down the pub

Davexf

Re: Procedure for Personal Attack
 

Thank you

Re: Procedure for Personal Attack
 

Without meaning to me too inquisitive or critical in any way, was the incident reported to the police at any stage? The earlier the better as any statement of events should have been taken and again the nearer to the date or time of the incident then the more weight it would carry evidentially.
Agree with post re' an abogado, but still think this is notwithstanding my comment re' the police as I think this is one of the first questions any lawyer would ask.

Re: Procedure for Personal Attack
 

You need to go to police and issue a denuncia ASAP hopefully you have witnesses but either way the police have to investigate denuncia

Re: Procedure for Personal Attack
 

I assume the police were called when the assault took place ?

My experience is that if this is a domestic incident they will note injuries and record a complaint, take an on scene photo of any injury. They will also arrest if the offender is present. People's experiences will differ but local law enforcement in Spain will generally in recent times take domestic violence seriously.

If this is a drunken brawl or street offence they will record the detail and await complaints as stated in the thread.

Re: Procedure for Personal Attack
 

My friend has plucked up the courage to do something about this and has arranged for a translator to go with her tomorrow to see the police at 1pm, she has written a full account of what has happened, I also know now she was assaulted at the same time by another man who rammed into her with his body, and also verbal derogative remarks from another man, my friend is gay and some of this was homophobic hatred. Does anyone know what it will be like for her to go to court with a lawyer?Thanks again

Re: Procedure for Personal Attack
 

There are a number of agencies in Spain who assist victims of crime to prepare for court.
I suggest you try gayiberia.com as a reference point. Best of luck.

Re: Procedure for Personal Attack
 

Cheers

Re: Procedure for Personal Attack
 

Could not find any Keith
Anyway, the Guardia were very helpful, this case now involves 3 men, they had to voluntary attend the Guardia police station last night and give statements. The Guardia said to my friend all the paperwork will be presented to the courts straight away and that there could be a court case as quick as next week. Does anyone know if she will need a lawyer now or should she wait to hear, because if they have not lied and admitted to the crime what?

Re: Procedure for Personal Attack
 

You won't need a lawyer if you are the victim of a crime, even in Spain ;-)

They have all the details you will need for agencies who will work with your friend as stated above from your police contact. The Spanish legal system is one of the best in Europe for working with victims of domestic or homophobic crime.

Re: Procedure for Personal Attack
 

Thanks very much, this will put her mind at ease, also the 3 men have been given eviction notice of 28 days.

Re: Procedure for Personal Attack
 

GET a LAWYER now!!!

FELGTB may be able to help. They have an area for denuncias and also might be able to recommend a lawyer that's sensitive to gay issues (difficult to find!!)

Spain is living in the middle ages when it comes to Homophobia.

It is not sufficient to have "evidence". You also need witnesses (not related to the victim). the other party will have a whole load of "witnesses".

Also, winning will depend on not getting a fascist judge.

Most importantly, a lawyer will brief you on court procedure, etc.

Don't forget to forewarn the courts that u need a court appointed translator.

Good Luck.

P.S. Homophobia is NOT taken seriously in Spain. Win of lose in court, it's important to report crime against Gays/Homosexuals. Otherwise Spanish society will continue to think that Homophobia doesn't exist.

Re: Procedure for Personal Attack
 

Sorry for lying to the OP I clearly dont know what I am on about and facist judges are the order of the day. Clearly the specialist police employed within Spain for these events and trials don't know what they are doing. Indeed the recognition by most gay groups of all political persuasion that the Spanish court system is fair and goes even further than expected at times to understand homophobic cases is also incorrect.

I think you need to read up a little on your local law. The OP does not need a lawyer if the police are acting in accordance with the complaint and are managing a case for the reporting person. As for a translator, the trial ( this will be a criminal case ) will be handled by the court based on the information laid before it by the prosecutor. This isnt a civil case, it's a criminal case, there is a difference even in Spain.

And finally if there are witnesses they will be managed by the police who believe it or not will record evidence from them. And they will find out about these witnesses from the reporting person. Believe it or not, if they didn't exist they don't exist.

Still we all have our agendas.

Re: Procedure for Personal Attack
 

Thank you again Keith, my friend was beginning to worry, she had a English woman from the village to translate her case to the police, hopefully she can still use this woman in court.