QUOTE: 

"As far as domestic violence is concerned, Organic Law 1/2004 on comprehensive protection measures against gender violence expressly prohibits mediation in cases involving gender-based violence. However, there are more and more advocates of mediation in this branch of the legal system, because it makes sense to look at individual cases in order to assess whether or not mediation would be appropriate. In this regard, the General Council of the Judiciary's 2001 Report on Gender Violence in the Family emphasised that minor offences or offences involving domestic violence should be referred to the civil courts."
Source: E Justice Europa Portal 

However, I know of a situation where mediation/ negotiations between two Solicitors resulted in a positive outcome for an English Woman in Spain. She was in a similar situation as myself. Abandoned in the Spanish Villa she was living in. Not married, with no name on the title of the property. After three years post-separation she was able to purchase another smaller property and start to rebuild her life after emotional and psychological devastation.

The legal advice in both situations was similar, do not move out of the property, negotiate.  My other legal advice was to file a gender violence complaint.  Not what I wanted to do. I had tried to ask his solicitor for help. I informed that professional that I preferred cooperation and negotiations. 

Unfortunately, the response from that legal professional was not at all helpful. Some might say it was not "professional". 
As he warned me "You have no rights here in Spain" and  "Be sure about facts in your denounce. As it is possible to process with a denounce against someone, it is possible to prosecute someone who made a false denounce" 

Again not what I was expecting to hear. In these situations between separated couples, there are three failures.

1. Professionals who advise filing a complaint then do not follow through to assist a victim of domestic abuse to make the police statement.
2. Professionals who re-traumatise survivors of domestic abuse when they reach out to say they do not want to file a complaint but refuse to assist in mediation. 
3. Professionals who will take up a conflict on behalf of one party (the perpetrator) and force legal actions on a domestic abuse survivor who has no means to instruct legal representation. 

What should the situation be:- 
As above "look at individual cases in order to assess whether or not mediation would be appropriate."

a) Mediation and negotiation should always be considered as the first option before any legal action between separating couples. 
b) Where gender violence / domestic abuse is evident consider first if the criminal or a  civil action is justified, and then support the survivor (victim) to file the report and statement with the police. Do not leave the survivor floundering on what to do for the best. 

I self-published my first book to write about my experience in Cartagena, Murcia, Spain.  I did this to raise awareness of the hidden forms of abuse and post-separation abuse.  What you read above is based on my lived experience of what happened in my situation. 

Please share and or sign my petition.
If you know of any influencers that can get this petition shared more widely please share it with them.

I do not want other women to have to go through what I experienced over 3.5 years and what another woman experienced over three years because of the conflicting professional legal advice in the area of divorcing and separating couples where domestic abuse/ gender violence is part of the problem. 

Thank You
Loraine Marsall 
Author Pen Name Loren Keeling