Trespassing, breaking and entering

If someone breaks a restraining order and enters your home, it is a serious criminal offense — not only a violation of a court order, but potentially also trespassing, breaking and entering, and harassment or domestic violence, depending on the context.

This situation is urgent, dangerous, and emotionally traumatic. You may feel frightened, powerless, and shaken — but you have rights, and there are immediate and longer-term steps you can take to protect yourself and hold the perpetrator accountable.

🚨 IMMEDIATE STEPS – In the Moment

1. If They’re Still There: GET OUT IF YOU CAN

Do not try to confront or reason with them — especially if they’ve already shown they’re willing to violate legal boundaries.
Leave immediately and go to a safe place: a neighbor’s house, a nearby business, or even just outside where people can see you.

2. Call the Police Right Away

Dial your local emergency number. In Spain, it’s 112.
Tell them:
👉 “There is a restraining order in place. This person has entered my home without permission. I feel unsafe.”
Be as calm and clear as possible. They will usually prioritize this call because it involves a court order violation.

3. If You Can’t Leave, Lock Yourself In

Lock yourself in a room if it’s safe.
Keep your phone with you.
Try to stay quiet, and avoid drawing attention until help arrives.

🧾 AFTER THE INCIDENT – Protecting Yourself & Pursuing Justice

1. Make a Police Report

Provide a copy or case number of the restraining order (orden de alejamiento, if you’re in Spain).
Describe the incident clearly: time, how they entered, whether there were witnesses, what they did.
Mention any threats or signs of forced entry (broken locks, doors, windows).
If you were harmed or threatened, ask that it be included in the report.

In Spain, you can file with:

Guardia Civil
Policía Nacional
Or the local Juzgado de Guardia (duty court)

They are obligated to act on violations of a court order.

2. Secure Evidence

Take photos of any damage, broken locks, or disturbed property.
Save CCTV footage if you have it, or ask neighbors with cameras for their recordings.
Keep screenshots of any threatening messages or calls.
Write down everything that happened while it’s fresh — your memory may blur under stress.

3. Notify the Court

Report the breach of the order to the court that issued it.
Your lawyer (if you have one) should also file this violation to support future proceedings.
Ask for modification or escalation of protection — longer duration, wider distance, or inclusion of home/workplace.

4. Seek Legal Support

A lawyer can help you:
- Apply for criminal charges.
- Request a stronger protection order.
- Demand reparations if property was damaged or you were emotionally harmed.

If you don’t have a lawyer:

In Spain, you can request a public defender (abogado de oficio) if you meet income criteria.
Victims of gender-based violence or stalking often qualify for free legal assistance.

🏠 Strengthening Home Security

Change your locks immediately — even if there was no sign of forced entry.
Install security cameras, smart doorbells, or motion sensors.
Consider a panic alarm or emergency call button — especially if you’re living alone.
Talk to neighbors or a local community group and ask them to help keep an eye out.

If you’re renting:

Talk to your landlord. In many countries, landlords must take steps to keep tenants safe.

🧠 Emotional Aftermath – Don’t Minimize the Impact

When someone invades your space like this, especially after legal boundaries have been set, it’s not just a security threat — it’s deeply traumatic.

Common emotional responses include:

Shock and disbelief
Intense anxiety or hypervigilance
Nightmares, intrusive memories
Guilt for not reacting differently
Fear of not being believed or protected

This is normal — but it’s also a call for support.

Consider:

Trauma-informed therapy or crisis support
Speaking with a victim advocate
Joining a survivor group — online or local

In Spain, call 016 — the free and confidential support line for victims of violence (available 24/7, in many languages).

📜 What Laws Apply? (Spain Example)

Violation of a restraining order: Delito de quebrantamiento de condena (Article 468 of the Spanish Penal Code) — punishable by prison.
Unlawful entry into your home: Allanamiento de morada (Article 202) — very serious.
If the person has a history of violence, stalking, or abuse, these factors increase penalties.

Even if they didn’t touch you or make threats, entering your home when legally barred is a criminal act.

🌿 Final Words: You Deserve to Feel Safe

This is not your fault.

You took all the right steps — you got the restraining order, you tried to move on, you protected yourself. If someone refuses to honor those boundaries, they are in the wrong, and the law is on your side.

You are not alone, and you are not weak for feeling frightened — it takes immense courage to survive these violations and stand up for your safety.

If you’d like, I can help you:

Write a victim impact statement
Draft a letter to your lawyer or court
Create a self-soothing plan for when panic hits at night

Let’s take this one step at a time — and take your power back.