separation with extreme circumstances

my name is paul i live in spain and have recently split with my girlfriend of 10 years, we were separated but living in the same house for 6 weeks ish, there were no real problems just the case that eventually one of us would have to move out, the house is mine alone, on thursday two weeks ago the 10th i think i suggested that i pay for her to rent somewhere with the children (who both adore me and are mine) she agreed and said this was a good idea, on the friday she came home and said that she had spoken to social services and had been told not to go anywhere, as she was walking up the stairs to the bedroom (which is on the top floor) she turned and said (and i quote) "i am gonna have you ****ed", i couldnt believe this as at the time we were kinda ok it was strained as would be normal under the circumstances. from then things went downhill, on the following monday my sister who was in spain for a holiday was in the house and angelina (my partner) started arguing, and then got up and stormed off saying she was going to her parents, in the mean time i put the kids to bed, she then returned shouting and being very aggressive, i told her she wasnt coming in until she calmed down as i was worried for the children, with this she rang the guardia civil who came and told me she had to be allowed access, i said no problem i just wanted her to calm down and that the house was mine registered in my name and that we werent married, they said no problem as long as i let her in to go straight upstairs, which she did, then on the wednesday (last week) she was being extremely aggressive and started saying that i had messed with the wireless internet so she couldn't go on it, in truth i had changed the password as she was using an ethernet cable upstairs directly from the router and downstairs by wifi i got almost no reception, the cable that i had bought was in my laptop bag which she went to take and i said excuse me thats my cable and you have no right to use it, at which point she tried to grab it from me, when i wouldnt let her have it she rang the police to make a complaint that i wouldnt allow her access to the internet! i find this bizarre, on the thursday night i had three missed phone calls and when i rang the number it was the Guardia civil saying that i had to attend the station within 15 mins or i was in serious trouble, i secured a solicitor and went down with him, at which point i was arrested and spent the night in a cell, for a law called maltrato de mujeres, on the friday morning i attended court at which point i was told i could not go near the house to a distance of 300 meters and that i could only visit it once to get basic clothing (everything in the house was bought and payed for by me my partner has never worked), i am now facing a court hearing on the sixth of july and have been told that as standard i could face a 2 year jail term and may never regain the rights to go back to my home, i am seeing my kids for the whole weekend this weekend (how grateful i am i cant explain), i have very much valuable property in the house and am concerned that as i cant have access my partner may damage/throw away/sell some or all of it, also she has now moved her daughter by another marriage in (17 years old), this is after she waved all rights to her daughter 4 years ago after some serious misbehavior that had been going on for a long while, i am also worried about this as i am sure that her daughter blames me and may try to get even by damaging or destroying my property, please have you any advice of my rights or any advice in general.
yours sincerely
paul canfield
p.s i have retained a solicitor but am losing faith as none of my questions are being answered and i feel i am being railroaded by the legal system

Dear Paul,

I sympathise with your predicament given the terrible consequences this Inquisition Act is having on the lives of thousands of men all along Spain.

Aside from the above considerations, shared by most men and women, it is important that you focus on the specific situation you are now in as you need to fight this case strongly to avoid having the stigma attached to people convicted with domestic violence charges and even worse, the criminal record you are left with.

I cannot help you without having a copy of the statement made at the Guardia Civil, the Court writ and the CD of the trial which your lawyer would have. If you can forward me a copy I will be able to give you an informal opinion.

Also, let us know where are you based.

regards

hi antonio flores,
i am in playa flamenca, orihuela, alicante.
i havent had a copy of the denuncia from my ex partner from the guardia civil, neither have i had a cd of any kind, this may be because i havent attended court yet, my solicitor says he is still awaiting a copy of her statement (i think this is right) from the court, also i have been told that as we are not married i could go to court to seek an eviction order, as the house is solely in my name, my court date is the 6th of july which is fast approaching and i am very concerned that nothing is being done, also my ex and her daughter have (i have been told by my son and daughter that are with me this weekend) ripped all of the photos of me with my children since they were babies and also destroyed a collection of figurines that i have been collecting for years (elephants), i cannot understand that i have no rights to do anything, also my children were handed over to me today the 26th at 11 o'clock am and my daughter had a dress on that she said hadnt been washed for a week that stank of stale urine and my sons finger nails were black and so long you could have put nail varnish on them, they both said their mummy is drinking every night, and that they arent getting cooked for properly, and that their mum has told them that a new daddy will be turning up soon to meet them!!
i am feeling completely emasculated and unable to do anything to help !
i have gotten out of the area to not complicate matters and havent tried to interfere at all but am at the end of my tether, my mother recieved a phone call from the next door neighbor on wednesday saying how the children are being mistreated and that my ex partner is drinking heavily, upon finding this out my mother went to social services in playa flamenca who told her that she had to goi to the police as they could do nothing, my mother did and made a denuncia revealing my next door neighbour as the contact that informed her along with telephone number, but as yet nothing has been done, i find this disturbing and worrying at the least.
regards paul alan canfield
in anticipation.

i have already posted a thread that has been answered by mr flores, i don't know how to reply to you so i cant give you the info you require, sorry, but i have received this from a different source and wondered if you could verify its legality in Spain quoted as follows :-
I wish to inform you that as you are the owner of the house and as you are not married to your girlfriend, you may serve her with a written notice to vacate the house or face eviction proceedings. You may also intimate to her that your belongings in the house may not be removed. If she does not vacate, you may file a lawsuit for eviction. The court will consider all the facts and decide the matter.
i wish to say that i have had my children this weekend and am a very good father without exception, i am worried that this may reflect badly on me if i can pursue it and do, as obviously i don't want to affect the kids but i am at the end of my tether, as have been told that my ex has destroyed most of my belongings and is attempting to access my computer to gain any info she can, also she has moved in her daughter from another marriage and i have gleaned from being sneaky that she is about to move a man in, this all in 2 weeks since the interim order !!
you can see my predicament as all of my personal possessions are still in my house and i am afraid as any normal person would be that they will suffer detrimentally.
yours sincerely paul canfield

Any chance that you used to live in Alaska? If this is you, please email me at mwansor@hotmail.com I would like to ask you a few questions.
Melissa Dringenberg