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Criminal defence
Legal assistance from the initial complaint, arrest or court summons through to the final resolution of the proceedings.
LARIOS PENAL
CRIMINAL DEFENCE LAWYERS · SINCE 1980
DOMESTIC VIOLENCE · CRIMINAL LAW
Criminal defence lawyers specialising in domestic violence cases in Málaga
Criminal defence from the first police or court intervention and interim measures through the investigation, trial and appeals.
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MÁLAGA · MARBELLA · COSTA DEL SOL
ALLEGATIONS OF THIS NATURE
Require the evidence to be analysed from the very beginning
In domestic violence proceedings, the first police and court interventions can influence the course of the entire case.
Statements from the parties, communications, medical reports, witness evidence and the context of the relationship must be assessed together before the defence strategy is defined.
An effective defence requires identifying from the outset the precise allegations, the objective evidence supporting them and the investigative steps that may prove decisive for the client’s position.
FROM THE FIRST MOMENT
Initial steps
- 01 Access to the case file
- 02 Review of the complaint
- 03 Preparation for questioning
- 04 Review of communications
- 05 Interim and protective measures
- 06 Request for investigative measures
AREAS OF ASSISTANCE
Defence and private prosecution in domestic violence proceedings
We provide legal representation throughout every stage of the proceedings, from the first police or court intervention through trial and appeals.
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Private prosecution
Legal representation for the complainant, including the exercise of the corresponding criminal and civil claims.
03
Protection and interim measures
Protection orders, restraining orders, communication bans and other measures imposed during the proceedings.
04
Breach of court orders
Defence and private prosecution in proceedings arising from breaches of restraining orders and other court-imposed measures.
DEFENCE STRATEGY
A criminal defence does not begin at trial. It begins with the first procedural decision.
Statements, investigative measures and decisions taken during the investigation can shape the course of the entire criminal proceedings.
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HOW WE ASSESS THE CASE
A technical assessment from the very beginning
The strategy is built around the facts, the available evidence and the specific procedural position of each party.
01
Context and facts
Chronology, the relationship between the parties and the different accounts of events.
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Statements
Internal consistency, contradictions and supporting evidence.
03
Objective evidence
Medical reports, witnesses, documents and other corroborating evidence.
04
Communications
WhatsApp messages, calls, photographs, videos and other digital evidence.
05
Defence strategy
Statements, investigative measures, interim measures, appeals and preparation for trial.
LARIOS PENAL IN THE MEDIA
The work of Larios Penal has been featured by national and regional media outlets.
EL MUNDO
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LARIOS PENAL
Two generations. One commitment to criminal law.
A professional history that began in Málaga in 1980 and continues today with the same exclusive dedication to criminal defence.
1980
FOUNDER
Nuria de Madariaga
1955 — 2024
Admitted to the Bar in 1980, she practised for more than four decades in criminal law, criminal procedure and prison law.
Her professional career in Málaga, Marbella and the Campo de Gibraltar laid the foundations for what is today Larios Penal.
PRESENT
DIRECTOR
Eric Vanden Berghe
LARIOS PENAL
He currently leads the firm and personally directs criminal proceedings in Málaga, the Costa del Sol, the Campo de Gibraltar and before national courts.
His practice includes cases involving offences against the person, drug trafficking, organised crime and financial crime.
FREQUENTLY ASKED QUESTIONS
Domestic violence cases. The first decisions matter.
Early legal advice allows the complaint, statements, interim measures and procedural strategy to be assessed before decisions are taken that may affect the course of the proceedings.
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01 When should a lawyer specialising in domestic violence cases become involved?
Legal assistance is advisable from the earliest stage: following an arrest, a police or court summons, the filing of a complaint, or as soon as you become aware that criminal proceedings have been initiated. Early statements and investigative measures can significantly influence the course of the case.
02 Do you assist with arrests and fast-track domestic violence proceedings?
Yes. The firm assists clients during arrests, police and court statements, hearings concerning interim measures and fast-track proceedings, assessing the available evidence and defence strategy from the outset.
03 What happens when a protection or restraining order is requested?
The court may hold a hearing to decide whether measures such as a restraining order or prohibition on communication should be imposed. The defence can review the allegations, statements and available evidence and make the appropriate submissions before the judge reaches a decision.
04 Do you act both for the defence and for private prosecution?
Yes. Larios Penal represents both individuals under investigation or accused of an offence and complainants acting as private prosecutors, adapting the strategy to the procedural position of the client.
05 What happens if a restraining order may have been breached?
Breaching a restraining order or prohibition on communication may give rise to separate criminal proceedings. It is important to examine the exact terms of the court order, how the contact occurred and the specific circumstances surrounding the alleged breach.
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