- Respond to the Violation
If someone breaches a restraining order, the Guardia Civil can:- Detain the individual (especially in flagrant violation)
- Write up an official police report (atestado policial)
- Collect and secure evidence
- Interview witnesses
- Offer protection and support to the victim
- Refer the Case to the Prosecutor
After investigating, they submit the case to:- The Juzgado de Instrucción (investigating court)
- The Ministerio Fiscal (public prosecutor)
- Testify in Court
Guardia Civil officers may be called to testify as key witnesses or present the evidence they collected.
👩⚖️ Who Actually Prosecutes?
- The public prosecutor (Fiscal) is the one who brings charges against the violator in court.
- In cases of domestic violence, there’s usually a dedicated gender violence unit within the prosecution service.
- Victims can also be represented by a private lawyer or a court-appointed one, and in some cases, victims are considered “protected witnesses.”
🧠 Why This Matters Emotionally and Psychologically
If you’re a survivor, understanding this process helps reduce confusion and restores a sense of agency. Many survivors think, “Why hasn’t anyone done anything?” — when in reality, the Guardia Civil’s job is to act fast, protect you, and trigger the legal process.
You are not alone, and the system can work for you — even if it feels slow or bureaucratic. Each report you make is a brick in the wall of protection you’re building around yourself.
