A restraining order (called an orden de alejamiento in Spanish) can have different implications depending on your role in the case (whether you’re the one who has filed for it or the one it’s been issued against), the type of residency you’re applying for, and the stage of the legal process.
Let’s break it down clearly and thoroughly:
🛡️ If You Are the Victim (the Protected Party)
If you are the person who requested or received a restraining order due to abuse or harassment:
✅ A restraining order does not negatively impact your residency application.
In fact, in many cases, it may support your case, especially if you are applying under:
- Victims of Gender-Based Violence (Violencia de Género) provisions
- Humanitarian protection or exceptional circumstances
- A visa for victims of domestic violence, which Spain recognizes, especially if you were in a dependent visa situation (like family reunification)
The Spanish government has made legal allowances to protect victims of violence, especially women and children. If you’re cooperating with the legal system and have proof of abuse or risk, this can actually strengthen your right to stay and obtain protection, even if your current visa status is uncertain.
⚠️ If You Are the Accused (the Subject of the Restraining Order)
This is more complex.
A restraining order in itself doesn’t always bar you from applying for or renewing residency—unless it escalates into a criminal conviction, especially for crimes like:
- Domestic abuse
- Gender-based violence
- Threats or harassment
- Assault or stalking
🔍 Here’s how it can impact you:
1. Background Check
Spain requires background checks from both your country of origin and within Spain. A restraining order alone (if it’s a civil precautionary measure) may appear, but it’s not always treated as a conviction. However, if it’s tied to ongoing criminal proceedings, immigration may pause or deny your application until the case is resolved.
2. Moral Character Clause
Residency applications often require proof of “good conduct” (buena conducta cívica). If immigration authorities believe you pose a threat to public order or safety, they can deny or revoke your application, even if you haven’t been convicted yet.
3. Renewal and Long-Term Residency
If you are applying for permanent residency or Spanish nationality, the vetting process is stricter. Even a pending investigation can delay or prevent approval.
⚖️ So, What Should You Do?
Whether you’re the victim or accused, here are some steps to protect yourself:
👩⚖️ If You Are the Victim:
- Document everything. Keep copies of police reports, court orders, and any evidence supporting your case.
- Request legal support from social services or a women’s protection center (Centro de la Mujer), which can help with both legal and immigration paperwork.
- Consider applying for residency on humanitarian grounds, which may offer protection regardless of your visa status.
👨⚖️ If You Are the Accused:
- Hire a lawyer with immigration and criminal law experience.
- Resolve the case as soon as possible. If the restraining order is precautionary and not followed by a conviction, you may still be eligible, especially with a clean criminal record elsewhere.
- Avoid violating the order. Any breach, even by accident (like a message or unintentional contact), can be seen as a serious offense and escalate the consequences quickly.
💬 Final Thoughts
In Spain, the system aims to protect victims while respecting due process. A restraining order doesn’t automatically ruin your residency chances, but the context and outcome of the case matter deeply.
If you’re in the middle of a legal battle and also dealing with immigration paperwork, it’s wise to:
- Be proactive,
- Get legal representation (you may qualify for legal aid),
- And gather solid documentation about your situation.
Would you like help drafting a statement or compiling evidence for residency, especially in the context of domestic violence or abuse? I’m happy to support you through that.
