Processing delay
The case centers on a woman who has endured gender-based violence and is navigating a lengthy legal process on the island of Ibiza. Her complaint spans more than ten months, and the island’s Violence Against Women Court is awaiting a hearing to set the final detention and visitation framework for her two underage children. A definitive punishment for the alleged abuser has not yet been imposed, and she remains without a resolved outcome for the file. The delay adds to her distress as she awaits crucial decisions that would shape her family’s future.
The complainant notes that the long wait is tied to the passage of time since the sentence was approved in December 2020, which marked a conviction against a former spouse, and to ongoing emotional exhaustion. She emphasizes that due process is still pending and there is no final guardianship regime in place.
The legal journey began in October 2019 with the initial custody hearing. On 26 November 2019, the Ibiza Fifth Court of First Instance issued provisional custody conditions for the children, established jointly with the ex-spouse. These provisional terms included custody assigned to the mother, a visitation schedule for the father that does not involve overnight stays, and joint child support of 150 euros per child. Those provisions, while still in force, are intended to be temporary until a definitive ruling is issued.
Concurrently, a criminal case for mistreatment against the ex-spouse proceeded. On 17 January 2020, the terms of the Ibiza Second Judgments were issued, and the file moved to the Court of Violence Against Women in Ibiza where the custody regime and visitation specifics were to be clarified.
In terms of processing progress, the court held a hearing to establish the final detention and visitation measures on 16 June 2022, with the delivery notice initially communicated on 9 May of the same year, but no final resolution has been published. After the Court of High Criminal Court convicted the ex-spouse of domestic violence and the file was transferred from the Social Court to the Court of Violence Against Women, the complainant grapples with the puzzling delay in the criminal conviction’s resolution.
The lawyer for the abuse survivor describes ongoing difficulties in locating and presenting documents tied to the case. Documents have appeared in various places, yet the court appears to have overlooked this information on several occasions. The lawyer conveys a sense of frustration: ten months have passed, yet nobody seems to know the status of the file, and the history folder may be sitting somewhere unreachable. The complainant angrily asserts the need for a clear resolution and organized record-keeping.
The complainant reports enduring an emotional downturn aggravated by the judicial delay, seeking psychological support through available local services. The survivor explains that the delay hinders her ability to move forward and settle into a new chapter.
Her aim is to see the process completed and to remove the uncertainty about the guardianship regime affecting both her and her children. She also cites the economic costs of pursuing the case since late 2019, highlighting the strain of ongoing legal expenses and administrative demands.
The complainant worries that the sentence publish date could be postponed to align with the start of holiday periods in the justice system, which might extend the wait by several months. She fears September could arrive with the situation unchanged.