In Spain, civil and criminal cases are separate but can overlap, and given your situation, a civil claim could be very relevant.
1. When a civil claim makes sense
A civil damages claim can be filed alongside or after a criminal complaint. It’s designed to recover financial losses or compensation for harm caused by someone else’s unlawful actions.
In your case, a claim could cover:
| Type of Loss | Example / Evidence |
|---|---|
| Replacement costs | Cost to buy a new computer or restore data |
| Professional / work loss | Lost client files, work documents, revenue impact |
| Emotional / personal value | Photos, personal records, sentimental materials (sometimes partially recognized) |
| Forensic / legal costs | Fees for backup recovery or hiring IT forensic experts |
2. Requirements for a civil claim
To succeed, you need to show:
- Ownership & proof of loss
- Receipts for the computer, backup drive, or software
- Evidence that data existed (backups, screenshots, cloud storage)
- Unlawful action by your husband
- The deletion was deliberate, unauthorized, and avoidable
- Proof he used a company/service to wipe the data
- Quantifiable damage
- Invoices for new hardware, recovery costs, or lost work
- Evidence of diminished personal or professional resources
Even if some damage is intangible (emotional), you can note it; courts may give partial recognition.
3. Strategy
- Step 1 – File the criminal denuncia
- Document all evidence (backups, logs, messages, company invoices)
- Keep copies, originals safe
- Step 2 – Collect civil evidence simultaneously
- Gather invoices, quotes, professional reports (e.g., forensic recovery)
- Estimate lost work or professional harm if applicable
- Step 3 – Decide on claim type
- Small claims / cuantía limitada → faster, simpler
- Ordinary civil claim → more formal, can include damages for emotional impact
- Step 4 – Consult a lawyer specialized in civil or family law
- They can:
- File the claim attached to the criminal case or separately
- Quantify losses professionally
- Protect your rights during separation or divorce proceedings
- They can:
4. Timing
- Civil claims must generally be filed within 1 year of discovering the loss (for general property damage) — sometimes longer depending on type of harm.
- Filing sooner is better, especially if the criminal investigation is ongoing.
5. Practical Notes
- You do not need to wait for a criminal conviction to file a civil claim.
- Courts sometimes coordinate evidence: documents and forensic reports used in criminal proceedings can support your civil claim.
- If your husband disputes it, having a forensic report and backup evidence is key to proving your case.
