When someone receives threats of self-harm from their partner, it is common to wonder whether there is a legal obligation to report the situation and what the correct course of action should be.
Many people believe that reporting it is always mandatory, but the legal reality is more nuanced. In one of Estradé Law Firm’s videos, María Llamas explains what the law actually says and in which situations there may be a legal obligation or simply a recommendation aimed at protecting those involved.
Because not every situation is the same.
Is there a legal obligation to report it?
As a general rule, there is no automatic legal obligation to file a report when an adult threatens to harm themselves.
Spanish law does not generally require a person to report this type of situation.
However, this does not mean that no action should be taken to protect the individual or ensure the safety of those around them.
When minors or vulnerable individuals are involved
The situation changes when the person threatening self-harm is a minor or is considered particularly vulnerable.
In such cases, it may be necessary to inform the authorities or the appropriate services in order to ensure that the individual receives protection and assistance.
Seeking professional help as soon as possible is especially important.
Domestic violence, gender-based violence or risk to personal safety
María Llamas explains that when there are indications of domestic violence, gender-based violence or any circumstance suggesting that someone’s physical or psychological integrity may be at risk, contacting the authorities is strongly recommended.
A report may become an important tool for activating protective measures and preventing more serious situations from developing.
What is the offence of failure to render assistance?
One of the legal concepts that often creates confusion is the offence of failure to render assistance.
This offence occurs when a person fails to help someone who is in a serious, obvious and immediate danger, provided assistance can be given without putting themselves or others at risk.
For this reason, a simple threat of self-harm does not automatically constitute a situation involving failure to render assistance.
For legal responsibility to arise, there must be a real, effective and immediate danger.
The importance of acting responsibly
Although reporting the situation may not always be legally required, it can still be an important step in protecting both the affected person and those around them.
Every situation should be assessed individually and, whenever there is doubt, it is advisable to seek professional advice or contact emergency services if there is a genuine risk.
Because sometimes the difference between a recommendation and a legal obligation depends on very specific circumstances.
