When Your Abuser Has Already Been Convicted of Threatening to Kill You

The threat is no longer simply an allegation. A court has already recognised it as a criminal offence.

There is a profound difference between reporting a death threat and living with the knowledge that the person who threatened you has already been criminally convicted for doing so.

For survivors of domestic abuse, that distinction matters.

Imagine leaving a relationship after years of intimidation, coercive control and fear. You have finally begun to rebuild your life, but you remember the words spoken to you: if you ever find another partner, you will be killed.

Now imagine that the person who made that threat has already been convicted in court.

You may have a new home. You may be separated or divorced. You may be receiving protection from the authorities. Yet the question remains: what happens when your restraining order expires? And when, if ever, is it safe to make your new life public?

These are not questions that should be dismissed or answered with false reassurance.

A criminal conviction is important evidence

A conviction for making a death threat establishes that the criminal proceedings resulted in a finding of guilt for the offence in question. It does not, by itself, predict what the person will do in the future.

However, the conviction is documented history that should be brought to the attention of the authorities when they assess current risk and appropriate protection.

In Spain, Article 169 of the Penal Code addresses certain threats involving serious criminal harm, including threats to kill. The precise offence and sentence depend on the circumstances of the case.

Where domestic abuse is involved, the authorities may also consider previous violence, repeated incidents, breaches of protective measures and other relevant information when assessing risk. Spain’s VioGén system supports ongoing police risk assessment and the review of protective measures as circumstances change.

A previous conviction should not be treated as irrelevant simply because time has passed or the relationship has ended.

When a restraining order is approaching expiry

A restraining order is an important legal safeguard, but its expiry does not establish that a previous threat no longer presents a concern.

If the person who threatened to kill you has already been convicted, and there have also been breaches of protective restrictions, it is particularly important to seek advice before the order expires.

In Spain, the appropriate options depend on the wording of the existing judgment, the history of the case and the current circumstances. A fixed-term restraining sentence is not automatically extended because a previous death threat resulted in a conviction.

A qualified Spanish lawyer can review the judgment, advise whether any existing measures can lawfully continue and consider whether a new precautionary protective measure may be available.

The police can also review the current risk and consider whether protective arrangements need to be reassessed.

Do not wait until the order expires to ask these questions.

The fear of moving on

One of the cruel consequences of a death threat directed at a survivor’s future relationships is that it can continue to influence her life long after separation.

She may meet someone kind, caring and respectful. She may begin to experience companionship and affection again. She may start imagining a future that is entirely different from the years she has left behind.

Yet she may be frightened to tell friends, share photographs or allow her new partner to become visible in her life.

She may worry that someone will reveal her whereabouts, that information will reach her former partner or that making her happiness visible will provoke another reaction.

This is how the effects of coercive control can extend beyond the relationship itself.

The survivor may be legally free to move on while still feeling that her choices are restricted by a threat.

Nobody should have to surrender the possibility of love and happiness because another person has threatened them. But nobody should be pressured into taking risks to prove that they have moved on, either.

When is it safe to go public?

There is no universal timeframe that guarantees safety after a death threat. Neither the passage of time nor the expiry of a restraining order can provide that guarantee.

If the threat has already resulted in a criminal conviction, particularly where there has been a history of abuse or subsequent breaches, seek an individual assessment of your circumstances before making changes that could reveal your location or your new relationship.

Discuss the specific threat with your lawyer and the Guardia Civil. Explain what you are considering, including whether you intend to make a new relationship public, and ask what practical precautions may be appropriate.

You can choose to keep your private life private. You can share your happiness with trusted people without announcing it to the world. You can take your time.

These choices do not mean that your former partner owns your future. They mean that you are making decisions with your safety in mind.

You deserve protection and the freedom to rebuild

Survivors should not be left feeling that they must choose between their safety and their future.

A criminal conviction matters. A history of breaches matters. The survivor’s current circumstances matter.

Seeking protection is not revenge. Reporting a breach is not provocation. Taking precautions is not weakness.

It is possible to acknowledge the seriousness of what happened without allowing fear to dictate every decision for the rest of your life.

If you have been threatened with death by a former partner who has already been convicted, please seek appropriate legal and safety advice before your existing protection expires.

You deserve to live without intimidation. You deserve relationships built on mutual respect. And you deserve the opportunity to decide what your future looks like.

Your life is not a possession. Your future is not something another person gets to control through threats.

Legal information: This article provides general information, not individual legal advice. Spanish protective measures depend on the facts, the court judgment and the applicable law. For immediate danger in Spain, call 112 or the Guardia Civil on 062. Women experiencing gender-based violence can also contact 016.

Linda C.J. Turner
Trauma Therapist | Neuroscience & Emotional Intelligence Practitioner | Advocate for Women’s Empowerment