1. Take It Seriously — It’s a Criminal Offense
Phone and digital hacking is a violation of privacy under Spanish criminal law, potentially prosecuted under:
- Article 197 of the Spanish Penal Code – which punishes unauthorized access to private communications.
- This includes hacking into WhatsApp, reading private messages, accessing photos or files, using spyware, or cloning SIM cards.
Penalties can include prison sentences, fines, and further restraining orders, especially when committed in the context of ongoing abuse or harassment.
2. Turn Over the Phone — Let the Guardia Civil Handle It
When you hand your phone to the Guardia Civil, they will typically:
- Forward it to a digital forensics unit (Grupo de Delitos Telemáticos).
- Extract data using forensic tools to preserve chain of custody, verify whether software was installed, and trace intrusion sources.
- Compare this with the abusive behavior pattern in your case, strengthening the coercive control or continued harassment narrative.
👉 If they find evidence of tampering or surveillance, this can escalate the severity of charges.
3. This Strengthens Your Abuse Case
Finding digital surveillance while you are pursuing a domestic abuse conviction shows:
- The abuse may be ongoing, even after separation or reporting.
- You are experiencing psychological violence and potentially stalking.
- The abuser may be attempting to intimidate or control you, violating no-contact orders or bail conditions.
Courts take this extremely seriously, especially if:
- There’s an active restraining order (orden de alejamiento),
- You’re in a vulnerable position (e.g., elderly, isolated, or economically dependent).
4. Potential Legal Consequences for the Abuser
If the hacking is confirmed, courts may:
- Add new criminal charges for digital crimes.
- Extend restraining orders significantly (up to 10 years).
- Use it as evidence of continuing endangerment, increasing the likelihood of custodial sentences.
- Consider it when awarding compensation or determining parental rights.
🌿 What Survivors Need to Know
- You are protected by Spanish law, including the Ley Orgánica 1/2004, which covers gender violence and its many forms — including digital.
- Document everything: any odd phone behavior, screenshots, messages, calls, or witness testimonies.
- Organizations can help you navigate this:
- Fundación Ana Bella
- Instituto de la Mujer
- Asociación Mujeres Juristas Themis — for legal support.
✅ Next Steps
- Don’t delete anything from your phone.
- Let your lawyer know immediately — this adds serious weight to your case.
- Insist on making a separate report for the digital breach alongside your domestic violence file.
- Ask for a copy of any forensic findings, which you can use in court.
