Ah yes… this is one of those facepalm moments, isn’t it? When someone acts all shocked and confused like “Wait, what? I’m not allowed to do that?” — despite there being a legal document literally telling them not to.
In Spain, restraining orders (orden de alejamiento) are taken very seriously, especially in cases of gender-based violence, domestic abuse, or when someone’s safety is at risk. If someone breaks that order — no matter how “innocent” or “accidental” they claim it is — there are clear legal consequences. Let me break it down for you in a simple, straight-talking way:
💥 What Happens If You Break a Restraining Order in Spain?
1. It’s a Criminal Offense. Breaking a restraining order isn’t just a slap-on-the-wrist situation — it’s a crime under Spain’s Penal Code (Article 468). That means you can be arrested, charged, and prosecuted.
2. You Can Go to Prison. The penalty for violating a restraining order is typically:
- 6 months to 1 year in prison, OR
- Community service for 31 to 80 days. But if it’s repeated — or if the person does it aggressively or threateningly — it can escalate very quickly. Judges do not take repeat offenses lightly.
3. Aggravating Circumstances = Harsher Sentences. If the restraining order is linked to a case of domestic violence or gender-based violence (which is often the case), the judge will apply stricter penalties, and the offender may lose rights like child custody, visitation, or even access to shared property.
4. Multiple Breaches = Repeat Offender Status. Each breach is a separate crime, so showing up once = one charge. Showing up twice = now you’re building a criminal record. And judges will not be forgiving if you keep “forgetting” the rules.
5. Arrest on the Spot. If the victim reports a breach, the police must act — and they usually arrest the offender immediately, especially if the restraining order is recent, court-ordered, or in the context of domestic abuse.
🙄 So Why Do People Still “Act Confused”?
Because:
- They think the victim has to invite them for it to be a breach. Nope. Even if the victim says “it’s okay,” the law still applies.
- They think “just texting” or “driving by” doesn’t count. It does.
- They believe they can manipulate the system — but Spain’s courts are catching on more than ever.
👏 Final Thought
If someone is repeatedly breaching a restraining order and pretending not to understand why they keep getting arrested, it’s not ignorance — it’s arrogance. They believe the law doesn’t apply to them. But in Spain? It absolutely does.
If this is related to a real situation you’re witnessing or dealing with — know that you have the law on your side, and repeated breaches only strengthen your case. The more they try to play the victim while violating a legal order, the more evidence stacks against them.
