Court Protection Order

The court protection order is a single document that establishes precautionary measures of a criminal or civil nature in favour of the woman victim of gender- based violence and, where appropriate, her children. At the same time, it sets in motion the social protection mechanisms in favour of the victim established by the different Public Administrations. The court protection order accredits the situation of gender-based violence which gives rise to the recognition of the rights established in Organic Law 1/2004.

The precautionary criminal measures may include one or more of the following:

  • The aggressor’s eviction from the family home.
  • The aggressor’s prohibition from living in a certain town/city.
  • The aggressor’s prohibition from coming within a certain distance of the victim and/or her family members or
  • other persons.
  • The aggressor’s prohibition from contacting the victim and/or her family members or other persons by any means:
  • letter, telephone, etc.
  • The aggressor’s prohibition from going to certain places: the victim’s place of work, children’s schools, etc.
  • The omission of data relating to the victim’s address.
  • The court protection of the victim in court liaison offices.
  • The confiscation of weapons and prohibition to hold them.
  • The measures that may be adopted under civil law are the following:
  • The use and enjoyment of the family home.
  • The granting of wardship and custody of minor children.
  • Establishment of visiting rights, communication and contact with minors.
  • The establishment of child support.
  • Any other necessary measures to remove minors from danger or save them from harm.
  • The application may be filed by the victim, her close relatives, her lawyer or the Public Prosecutor’s Office. Regardless
  • of the duty to lodge the complaint, the social services which are aware of the situation are required to make it
  • known to the court authority or to the Public Prosecutor’s Office so that the court protection order procedure can be
  • initiated. When minors are involved, the Judge must rule, including ex officio, on the appropriateness of adopting measures
  • under civil law.
  • It is advisable to apply for the court protection order at the time of lodging the complaint, although it can also be done
  • afterwards.
  • If a complaint has not been lodged, the actual application for the court protection order is considered the same as the complaint with respect to the events and situations of violence described in the court protection order.
  • The court must issue the court protection order within 72 hours of filing the application, and following the victim’s
  • and the aggressor’s appearance in court. The Law establishes that this appearance must be made separately so as to avoid
  • a confrontation between victim and aggressor.

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.