Consequences of family or household abandonment in Spain

Imagine you have a couple of friends, they are married and have two small children. The woman suddenly leaves home, leaving the family home.

You probably think that she wants to separate or divorce. That would be the logical thing to do, wouldn't it?

The question is, is committing a crime by leaving the family home?

Well, it depends, and we are going to tell you about it below.

Abandonment of the home and abandonment of the family are concepts that must be understood and understood, especially because of the substantial differences between the two.

Abandonment of the home is not a crime, but abandonment of the family is, and this is regulated by art. 227 of our Penal Code.

It is therefore essential to differentiate between the two legal concepts in order to understand the legal implications and consequences that they entail.

Abandonment of the home does not exist

Abandonment of the home can have different legal implications that are important to understand and consider, but it is not really regulated either criminally or civilly.

Legal consequences of desertion

Abandonment of the home, although not a crime in itself, can have significant legal consequences. It is essential to understand the implications that may arise from abandoning one's habitual residence, specifically those set out in the Civil Code in arts. 68 and 105.

Artícle 68.

"The spouses are obliged to live together, to be faithful to each other and to support each other. They shall also share domestic responsibilities and the care and attention of ascendants and descendants and other dependants".

Artícle105.

"The spouse who leaves the marital home for a reasonable cause and within thirty days files the complaint or application referred to in the preceding Articles does not breach the duty of cohabitation".

Differences between abandonment of a home and abandonment of a family

It is therefore essential to distinguish between abandonment of the home and abandonment of the family in order to know how to act in such a situation.

While the former refers to leaving one's habitual residence, the latter involves neglecting legal obligations to care for dependants.

These differences have important legal implications that must be taken into account on a case-by-case basis.

But above all, there is one thing that you should be aware of: abandonment of the family is a crime.

Abandonment of the family: offence and consequences

Neglect of the family is considered a criminal offence, and this is because what you would be doing by failing to meet your legal obligations towards your dependants, such as children, ascendants or spouse, is leaving them unattended, or worse, in a situation of neglect.

Such conduct can lead to serious criminal consequences and even prison sentences if you are found liable.

For example, imagine you have 3 children and your wife does not work. You leave home taking the money with you and leave nothing in the account. In addition, you don't look after your children, you don't take them to school and you don't contribute anything to their upkeep, from the moment you leave home.

Maybe this example seems extreme to you, but it happens, it is real. This is a crime and I suppose you will understand why.

It is simple to understand, abandonment of the family can imply economic, emotional or physical abandonment of the family members, which is logically punishable under Spanish criminal law.

Penalties and sanctions for abandonment of the family

Penalties and sanctions for abandonment of the family may vary depending on the circumstances of the case and the seriousness of the situation.

In general, it will depend on the type of abandonment:

• For breach of care duties: imprisonment of 3 to 6 months or a fine of 6 to 12 months. Although perhaps the most important penalty is that it may be accompanied by special disqualification from exercising parental authority for a period of 4 to 10 years.
• For non-payment of pensions: a prison sentence of 3 months to 1 year or a fine of 6 to 24 months if there is a non-payment of 2 consecutive months or 4 non-consecutive months.

In addition, in situations of repeated non-compliance with family obligations, civil proceedings may also be taken, which will include measures to seize the assets and income of the person responsible for the abandonment.

In general, it will always be better to try to claim first through civil rather than criminal proceedings. It is usually, and we repeat "usually", quicker.

Protective measures in cases of family abandonment

In situations of abandonment of the home or family abandonment, understanding the legal procedures and legal action that can be taken to protect the affected family members and ensure their well-being is very important.

The role of the report in cases of abandonment of the family

The report is the first step in initiating legal proceedings for abandonment of the family.

Because this offence can only be prosecuted if there is a prior report. The court will do nothing if the report is not filed.

It allows the person concerned to expose the facts to the competent authorities.

It is therefore essential for the case to be investigated and for the necessary measures to be taken to protect the family members concerned.

Legal measures to protect those affected by neglect

Following the report, urgent protective measures can be activated to ensure the safety and well-being of those involved.

These measures may include the intervention of social services, the assignment of temporary custody or the application for a restraining order if necessary.

The main objective is to safeguard the interests of vulnerable family members in cases of abandonment and to avoid situations of unprotectedness.

Economic and penal consequences of family abandonment

Abandonment of the family can have serious financial and criminal consequences for the person who abandons the family:

Attachment measures for non-payment of alimony

Failure to pay alimony or maintenance payments to children or other family members can trigger seizure of assets and income for the person responsible for these non-payments.

Garnishment of assets is carried out to ensure that dependants receive appropriate financial assistance, and may involve the withholding of wages or the confiscation of property.

In addition, the seizure can be carried out on 100% of the income according to Art. 608 of the Civil Procedure Act.

Article 608. Enforcement of a maintenance order.

"The provisions of the previous article shall not apply when proceeding to enforce a judgment ordering the payment of maintenance, in all cases in which the obligation to pay maintenance arises directly from the law, including the pronouncements of judgments handed down in annulment, separation or divorce proceedings on maintenance owed to the spouse or to the children or of the decrees or public deeds formalising the regulatory agreement that establishes them. In these cases, as well as in those of the corresponding precautionary measures, the court shall fix the amount that may be attached".

Prison sentences and financial penalties for abandonment

In cases of serious family abandonment, where a clear neglect of the dependent family members is demonstrated, the perpetrator may face, as we have already seen above, prison sentences.

In addition to imprisonment, family abandonment can also lead to financial penalties and deprivation of the right to exercise parental authority in very serious cases.

All of this, always seeking to compensate for the harm caused to the children or relatives affected by the abandonment generated.

Legal counselling in cases of abandonment of the home or family

Specialised legal advice in situations of abandonment of the home or family plays a fundamental role in guaranteeing the protection of the rights of the persons concerned, as well as in establishing the corresponding responsibilities.

The importance of a specialised lawyer

• Specialist advice in cases of abandonment of the home or family offers precise legal guidance on the steps to be taken and the possible legal consequences of each action.
• Legal professionals specialised in this legal field provide practical and legal assistance to persons in situations of abandonment, ensuring that their rights are upheld and that the responsible party fulfils their obligations.
• Having expert legal advice helps to avoid possible errors or misunderstandings in the judicial process, guaranteeing appropriate and effective action before the corresponding authorities.

Rights and responsibilities in cases of abandonment of the family

In cases of abandonment of the home or family, it is essential to know both the legal rights and responsibilities of each spouse or relative with a duty of care for children or other dependants.

A good family lawyer will inform you about the legal options available to you, as well as the possible consequences of your actions or inactions (omitting your duties and obligations also has consequences).

In addition, specialised legal advice in these situations gives you the opportunity to protect the interests of your children and affected family members, ensuring that their rights are respected and legal obligations established by law are fulfilled.