Violating a restraining order (orden de alejamiento) in Spain is considered a criminal offense and is taken very seriously by the Spanish legal system, especially when it involves cases of domestic violence, abuse, or threats.
Here’s a breakdown of the consequences of violating a restraining order in Spain:
🔴 1. Criminal Charges (Delito de quebrantamiento de condena)
Violating a restraining order is classified as a “quebrantamiento de condena” or “quebrantamiento de medida cautelar”, depending on whether the order was issued as part of a sentence or as a precautionary measure during an investigation.
- Article 468 of the Spanish Penal Code (Código Penal) covers this.
- It is considered a criminal act, not just a civil infraction.
⚖️ 2. Penalties
The penalties for violating a restraining order can include:
🔸 Prison Sentence
- Typically between 6 months and 1 year.
- If there are aggravating circumstances (violence, repeat offenses, intimidation), the sentence can be longer.
🔸 Fines
- In some cases, the offender may be fined instead of or in addition to imprisonment, depending on the severity and context.
🔸 Extension or Renewal of the Order
- The restraining order may be extended or strengthened, with increased restrictions.
🔸 Loss of Parental Rights or Custody
- Especially in cases involving domestic violence, the offender can lose custody or visitation rights.
🚨 3. Aggravating Circumstances
Certain behaviors make the violation more serious:
- Repeated violations.
- Contacting the victim through third parties or social media.
- Attempting to manipulate or intimidate the victim.
- Presence near the victim’s home, work, or other restricted areas.
- Use of violence or threats during the violation.
In these cases, the judge may impose harsher penalties, and prosecutors often pursue these cases vigorously, especially in the context of gender-based violence (violencia de género).
👩⚖️ Victim’s Role
Even if the victim “invites” the offender or forgives them, the order still stands until officially lifted by a judge. If the offender initiates contact or shows up somewhere they are not allowed, it’s still a crime, regardless of mutual consent.
🛡️ Enforcement and Police Response
Spanish police and Guardia Civil are usually very responsive to restraining order violations, especially in domestic abuse cases. If the victim reports a breach:
- The police will often act immediately.
- The offender may be arrested on the spot.
- The case may go straight to a fast-track court (juicio rápido), particularly if the facts are clear.
✅ Summary
Violating a restraining order in Spain can lead to:
- A criminal record.
- Imprisonment (6 months to 1+ year).
- Fines and loss of parental rights.
- Immediate arrest if caught violating the terms.
- Worsening of legal position in ongoing or future proceedings.
