Absolutely.
In Spain, violating a restraining order is considered a criminal offense, and the Guardia Civil (or Policía Nacional, depending on jurisdiction) has both the authority and responsibility to act on it.

🚨 1. Notification of the Violation

• You (the victim) can report the violation.
• Any witness can report what they’ve seen or heard.
• The Guardia Civil themselves can also initiate action if they observe the breach or have probable cause from other investigations.

It’s critical that every violation, no matter how small, is documented:

• Time and place of the incident
• Witnesses
• Messages, calls, emails
• Security footage (if available)
• Prior threats or intimidation

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🕵️ 2. Investigation and Immediate Protection

Once the report is made, the Guardia Civil may:

• Take immediate protective measures for your safety
• Detain the violator if caught in the act or if risk is imminent
• Forward the report to the court and the public prosecutor (Ministerio Fiscal)

They often act swiftly in domestic violence or gender-based violence cases due to the high risk of escalation.

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🧾 3. Court Procedures and Consequences

After the case is brought to court, this is typically what happens:

🧑‍⚖️ A. Preliminary Hearing

• The judge reviews the facts
• The violator has the opportunity to respond
• Your evidence, police reports, and witness testimony are presented

🔍 B. Full Hearing or Immediate Ruling

If the judge finds credible evidence that the restraining order was violated:

⚠️ 4. Penalties for Breaking a Restraining Order in Spain

The consequences can be severe, depending on the circumstances:

• 🟠 Prison Time:
  • Can range from 6 months to 1 year, or even more in cases of repeat violations or if violence/threats are involved.
  • Under Article 468 of the Spanish Penal Code, it’s considered an offense against the administration of justice.
• 🟠 Fines and Community Service:
  • Fines may be imposed as an alternative or in conjunction with prison.
  • Community service is also common in less severe cases.
• 🟠 Enhanced Protection Orders:
  • The judge can extend the duration, increase the distance, and even restrict communication methodsmore tightly.
  • Additional protective measures, such as GPS tracking for the abuser, can be implemented.

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🧠 From a Psychological Perspective: Why Reporting and Enforcing This Matters

For survivors of abuse, trauma healing hinges not just on safety but on validation and justice.

Every time a restraining order is violated and goes unpunished, it can:

• Trigger PTSD responses and fear
• Undermine the survivor’s trust in the system
• Reinforce the abuser’s power and control

Conversely, when the law steps in — when police and courts take swift and serious action — survivors begin to feel:

• Empowered
• Protected
• Validated
• Capable of healing

Your safety is non-negotiable.
Your voice matters.
And the law is there to protect you — especially in Spain, where violence against women is treated with high priority.

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🌟 Final Note: If You Are a Survivor

Keep reporting every single breach, no matter how small it may seem. Keep records. Speak to your legal team. Share with your psychologist.

You are not overreacting.
You are not being “too much.”
You are reclaiming your life — one brave truth at a time.

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