In Spain, a restraining order (or orden de alejamiento) is a serious legal measure designed to protect individuals from domestic violence, harassment, or other forms of abuse. Breaking a restraining order is a violation of Spanish law and can lead to severe legal consequences. Here’s a breakdown of how Spanish courts review and handle cases where a restraining order has been violated:

1. Immediate Consequences of Breaking a Restraining Order

If someone breaks a restraining order, they are committing a criminal offense under Spanish law. This can result in:

• Criminal charges: Breaking a restraining order is a penal offense, and the person can be charged with disobedience or other related crimes. In cases of domestic violence, it may be treated more severely.
• Immediate Arrest: Law enforcement can arrest the individual who violated the order, even if it’s their first offense.
• Court Intervention: If the restraining order is violated, the victim can inform the authorities, and the court will review the situation. Depending on the severity of the violation, the court may decide to increase the penalties or impose additional restrictions on the offender.

2. Court Review Process

When a restraining order is violated, the Spanish courts will take the following steps:

• Notification of the Violation: The victim or law enforcement can notify the court about the breach. In cases of domestic violence, it’s important to keep detailed records (e.g., police reports, witness statements, or any communications showing the violation).
• Investigation: The court will conduct an investigation, which may involve the collection of evidence, interviews, and a review of any police reports related to the violation.
• Hearing: The court may call a hearing to review the facts. The accused person will have the opportunity to present their case, but it’s important to note that any violations of the restraining order are considered serious, particularly in cases involving domestic violence.
• Possible Penalties: If the court finds that the restraining order was indeed violated, the perpetrator could face:
  • Imprisonment: Depending on the severity of the breach, the individual may face imprisonment. The penalty could range from a few months to several years, depending on whether the violation is seen as part of a larger pattern of abuse.
  • Increased Restraining Orders: In some cases, the court may extend the terms of the restraining order or impose additional restrictions to ensure the victim’s safety.
  • Fines or Community Service: As an alternative or in addition to prison time, the court may impose fines or require the violator to perform community service.

3. Types of Violations

Violating a restraining order can happen in many ways, including:

• Approaching the victim’s home or workplace within the restricted distance
• Any form of intimidation or harassment, whether physical or emotional, that violates the terms of the restraining order

4. Aggravating Factors

If the violation involves continued harassment, threats, or violent behavior, these are considered aggravating factors. In cases of domestic violence, this can lead to harsher penalties.

5. Protection for the Victim

In addition to criminal penalties, the court will ensure the victim’s protection, and may provide further legal safeguards:

• Enhanced Security Measures: The victim may be entitled to extra police protection or monitoring if the violator is seen as particularly dangerous.
• Change in Custody Arrangements: If there are children involved, the court may review and modify custody arrangements to prioritize the safety and well-being of the children and the victim.

6. What Can You Do if the Restraining Order is Violated?

• Report the Violation: If the restraining order is violated, you should immediately report it to the police. Provide as much detail as possible (photos, recordings, or any communications that show the violation).
• Keep Evidence: Document any contact or violation. This could include screenshots of text messages or emails, photos, or witness testimonies. The more evidence you have, the stronger your case will be in court.
• Reach Out for Support: Contact legal support or domestic violence organizations in Spain that can provide you with immediate assistance and guide you through the process.

Final Thought:

Spanish courts take breaches of restraining orders seriously, especially when domestic violence is involved. Breaking such an order is not only a violation of the victim’s safety but also a clear violation of the law. If you’re in this situation, it’s crucial to take action quickly to ensure your protection and hold the perpetrator accountable for their actions.

If you feel unsafe or need specific legal advice, I recommend consulting a lawyer who specializes in domestic violence and restraining orders in Spain. They can provide tailored guidance and help you navigate the legal system more effectively.