Spanish Courts

Old Jan 10th 2018, 12:48 pm
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Can I ask about how Spanish courts notify people about proceedings? My wife was involved in an altercation with some teenagers outside the family's holiday home near Fuengirola. She was knocked about and had two black eyes and bruising. Called local police who attended and advised us to report it to the Guardia Civil which we did the next day. By the time we did that, the teen and parent had already been and alleged my wife had assaulted them! They took a statement,and i think she was charged, although I was not allowed in and our Spanish is not fluent. we flew back two days later and we have not heard anything since then, June 17. my wife is petrified about going back and being arrested etc. How do we find out what is happening?
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Old Jan 10th 2018, 1:11 pm
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Default Re: Spanish Courts

Originally Posted by BathgateQOS View Post
Can I ask about how Spanish courts notify people about proceedings? My wife was involved in an altercation with some teenagers outside the family's holiday home near Fuengirola. She was knocked about and had two black eyes and bruising. Called local police who attended and advised us to report it to the Guardia Civil which we did the next day. By the time we did that, the teen and parent had already been and alleged my wife had assaulted them! They took a statement,and i think she was charged, although I was not allowed in and our Spanish is not fluent. we flew back two days later and we have not heard anything since then, June 17. my wife is petrified about going back and being arrested etc. How do we find out what is happening?
Answered this question on the post you made elsewhere :

The normal method is to send a letter to your registered address in Spain. Beyond that no idea how they go about notifying non-residents. Also, as a BTW, your wife should have received a copy of the statement she made at the time she made it.
No problem about going back , in fact worth your while going to the police station where she made the statement and asking for update but take with you someone who speaks Spanish.
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Old Jan 10th 2018, 1:33 pm
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Default Re: Spanish Courts

If you think your wife was charged, check through all the paperwork you received during the time with the GC. The golden word is 'denuncia'.Although its unlikely to have got to that stage that quick, they may have fast tracked things as you are non residents. Under European rules, if it was that serious, she would have been dealt with by the Court without being released until everything was settled, fines etc.
Its likely therefore that all the facts were reported and a decision will be made as to whether you will get a Summons (denuncia) by post.
When you take that Spanish speaker, would suggest that he / she is also a Solicitor, worth getting sombody who knows the system as well as the lingo. The above courtesy of my Guardia Civil friend living nearby.
What a worry, good news is that she was not kept in Custody for Court which is a sign that it wasn't viewed as that serious.
Good luck, its a thing that could happen to anybody here!

Last edited by lurchio; Jan 10th 2018 at 1:40 pm.
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Old Jan 10th 2018, 1:36 pm
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We have a resident 'harem scarem' Legal advisor on here, maybe Advocado will be along soon. God help you!
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Old Jan 10th 2018, 2:41 pm
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Default Re: Spanish Courts

Hi Loafing and Lurchio, many thanks.
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Old Jan 10th 2018, 5:29 pm
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Default Re: Spanish Courts

Did you take photographs of your wife's injuries. Also you need to take the above advice so that if the denuncia goes forward she can defend herself against the allegations. Also get a copy of your communications ie statement and police and GC notes
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Old Jan 10th 2018, 7:12 pm
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I would suggest you appoint a legal representative (abogado) to represent your wife. They will be able to advise you regarding the status of any court proceedings. It would have been better to do this before you left, but you ought to be able to do this by phone / email.
If you say where in Spain I am sure someone will be able to recommend a reliable abogado.
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Old Jan 10th 2018, 7:40 pm
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Default Re: Spanish Courts

Originally Posted by cermignano View Post
Did you take photographs of your wife's injuries. Also you need to take the above advice so that if the denuncia goes forward she can defend herself against the allegations. Also get a copy of your communications ie statement and police and GC notes
My info is that they only supply a written disclosure of anything IF a decision has been made to prosecute. I have also just noticed the date of the incident, get weaving ASAP on enquiries with the GC via your representative. Just in case matters have progressed and you are not aware of any escalation etc.because you are nearly 7 months down the road!
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Old Jan 14th 2018, 10:38 am
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Default Re: Spanish Courts

Hi Again,

Yes we have numerous photos of the injuries and bruising. The Family house is in La Cala de Mijas, so anyone know a good lawyer there or in Fuengirola?
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Old Jan 14th 2018, 1:06 pm
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Default Re: Spanish Courts

Originally Posted by BathgateQOS View Post
Hi Again,

Yes we have numerous photos of the injuries and bruising. The Family house is in La Cala de Mijas, so anyone know a good lawyer there or in Fuengirola?
In another similar post on this site is a link to a register of abogados (lawyers) in Spain.There are loads on the CdS, and loads that speak English I should imagine. Make sure to get a Criminal (no offence to you and yours) lawyer, not a Civil one. You can find the 'directorio abogados espana' with a Google I should think in any case.

Last edited by lurchio; Jan 14th 2018 at 1:13 pm.
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