Coercion in the Context of Divorce and Domestic Abuse in Spain: Understanding Article 172 of the Penal Code

⚖️ What Is Coercion Under Spanish Law?

Article 172 of the Spanish Penal Code defines coacción (coercion) as when someone, without lawful authority, prevents another person from doing something they are legally entitled to do — or forces them to do something against their will — through violence, intimidation, or threats.

📘 The law reads (translated and paraphrased for clarity):

“Whoever, without legal justification, uses violence to prevent another from doing what the law allows, or compels them to do what the law does not command, shall be punished with imprisonment from six months to three years or a fine.”

But in the context of gender-based violence or psychological abuse, this legal provision takes on far deeper meaning — especially during divorce proceedings.

💔 Coercion as an Extension of Domestic Abuse

In abusive relationships, the end of the relationship rarely means the end of the abuse. It simply changes form — from physical or emotional intimidation to legal, financial, and psychological manipulation.

In Spain, this is increasingly recognized as post-separation abuse and is closely linked to coercive control, a pattern of behavior designed to:

Maintain dominance
Punish the victim for leaving
Control the divorce or property outcome
Undermine the victim’s credibility in court

💡 Common Coercive Tactics During Divorce That May Constitute Coacción

Here are clear examples of coercion that could be prosecuted under Article 172 — especially when there is a history of domestic violence:

1. 💣 Threatening to “drag you through court” unless you accept an unfair settlement

“If you don’t accept this offer, I’ll make sure you regret it in court. We’ll bring up every mistake you ever made.”

➡️ Why it’s illegal: You are legally entitled to a fair division of marital assets. Threatening you with reputational harm or intimidation to force you into accepting less is coercion.

2. 🎭 Saying they will “subpoena humiliating witnesses” unless you give in

“We’ll call people who will talk about how unstable you are. You don’t want that, do you?”

➡️ Why it’s coercion: The intention here is not to seek truth in court but to frighten and shame you into submission — a clear abuse of legal process.

3. 🫥 Family members joining in to apply pressure

“You better take this deal. If you make this hard, you’ll destroy what little reputation you have left. Think of your children.”

➡️ Why this matters: When multiple people act to intimidate you into giving up your legal rights, this can be viewed as a coordinated coercive act — and the law does not distinguish between who applies the pressure.

4. 🧾 Using financial dependence as a threat

“Take the offer or you’ll get nothing. You’ll be left on the street, and it’ll be your fault.”

➡️ Why it qualifies: Coercion often includes economic threats, especially when the victim is financially vulnerable. The law sees this as a form of abuse, not negotiation.

👩‍⚖️ How Spanish Courts Respond to Coercion in Family Cases

When coercion is suspected or proven in a divorce case, the court can:

Reject any agreement signed under duress
Investigate the alleged threats as a criminal matter
Suspend negotiations and issue protection measures
Refer the case to the Juzgado de Violencia sobre la Mujer, where it can be handled with added protections for the victim
Penalize the abuser if proven that intimidation or coercion was used

Judges in Spain are increasingly trained in trauma-informed responses, especially when gender-based violence or coercive control is involved.

📂 How to Document and Report Coercion

If you’re facing threats like these, here’s what to do:

✅ 1. Keep all evidence

Emails, texts, messages, voice notes — save everything.
Take screenshots and back them up in at least two places.
Forward them to your lawyer with dates and context.

✅ 2. Report the coercion to your divorce lawyer or the court

Ask for it to be added to your case file.
Use the words “coercion under Article 172 of the Penal Code.”

✅ 3. File a criminal complaint if needed

If the threats are severe or persistent, file a report with the Guardia Civil or Policía Nacional.
You can also go directly to the Violence Against Women Court in your area.

✅ 4. Request immediate protective measures

This may include restraining orders, exclusive use of the home, and suspension of visitation rights if children are involved.

🧭 Know This: You Have the Right to Say No Without Fear

Under the law, and under your human rights, you do not have to be pressured, bullied, or blackmailed into settling.

You are entitled to:

A fair financial division
Protection from intimidation
Legal support as a victim of abuse
Psychological peace during your healing process

Coercion is not “just part of divorce.” It is a crime.

🌿 Final Note: Strength Is Quiet, But It’s Powerful

You’ve already made one of the most powerful decisions a person can make — to leave an abusive situation. What’s happening now is a last grasp at control, and the law exists to help you protect yourself — not just physically, but emotionally, financially, and psychologically.

Let the courts see the truth. Let your support system carry you when it’s heavy. You do not owe silence to anyone who seeks to silence you through fear.