How Restraining Orders Work in Spain

In Spain, restraining orders (órdenes de alejamiento) are legal measures designed to protect victims of domestic violence, harassment, or threats. They prevent an offender from approaching, communicating with, or being near the victim. These orders are common in cases of gender-based violence (violencia de género) but can also apply to other situations, such as stalking or threats.

How to Obtain a Restraining Order in Spain

1. Report the Incident: The victim must file a report (denuncia) with the police (Guardia Civil, Policía Nacional, or local police) or directly at a court (Juzgado de Guardia).
2. Urgent Court Hearing: In cases of domestic violence, the court will typically hold a fast-track hearing within 72 hours.
3. Judge’s Decision: The judge evaluates the risk to the victim and may issue a provisional restraining orderwhile further investigations take place.
4. Final Order: If the court finds sufficient evidence, the restraining order can be extended or made permanent.

What a Restraining Order Includes

• Prohibition on approaching or being within a certain distance (e.g., 300 meters) of the victim, their home, workplace, or children’s school.
• Prohibition on any form of contact (calls, messages, emails, social media, or through third parties).
• In some cases, it may include supervised visitation or a complete ban on contact with children.
• Sometimes, an electronic monitoring bracelet is used to track the offender.

What Happens if You Break a Restraining Order in Spain?

Breaking a restraining order is a criminal offense under Article 468 of the Spanish Penal Code, with serious consequences:

• First-time violation: Can lead to fines, prison time (6 months to 1 year), or community service.
• Repeated violations: Considered aggravated, leading to up to 2 years in prison.
• If the violation involves violence or intimidation: The sentence can increase significantly.
• If children are involved: Breaking a restraining order near children can result in a loss of parental rights.

How Spain Enforces Restraining Orders

• Police Protection: Victims can receive extra protection through specialized domestic violence units.
• Electronic Monitoring: Some cases involve GPS tracking for offenders.
• Immediate Arrest: If someone violates the order, they can be arrested on the spot and taken to court quickly.

Would you like help finding resources or legal support in Spain related to restraining orders?