If your ex uses a third party (even outside Spain) to track or surveil you, that can still violate a Spanish restraining order and lead to criminal charges in Spain, because the law focuses on the effect of the conduct on the protected person and whether the prohibited contact/harassment occurred. Below I explain how and why, what the courts look at, the evidence issues, the neuroscience/psychological harm, and clear next steps you can take. I’ve included the most relevant sources at each step.

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1) Why third-party tracking can still break a Spanish restraining order

• Spanish protective measures (orden de alejamiento / protección) prohibit contact, proximity and harassment, and modern stalking laws cover repeated unwanted behaviours — including electronic or third-party contact — that “alter the normal life” of the victim. If your ex asks or pays someone to follow you, plant trackers or install cameras, Spanish prosecutors can treat that as an indirect breach or as stalking/harassment. pineradelolmo.com+1
• Jurisdiction is usually proper in Spain when the effects of the behaviour (the harassment, fear, invasion of privacy) occur on Spanish territory, even if an intermediary or device is located abroad. Courts will look at who ordered or directed the surveillance and whether the prohibited contact was produced. (Enforcement and prosecution can use international cooperation when needed.) Baker McKenzie Resource Hub+1

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2) Evidence & admissibility — important caveats

• Evidence gathered abroad can be used, but Spanish courts will scrutinise how it was obtained. If the evidence was collected in a way that violated fundamental rights (e.g., grossly unlawful interception), the Constitutional Court has warned courts to be rigorous when admitting such foreign evidence. That can complicate prosecution if the third party used illegal methods in their country. Ayuela Jiménez
• Even when evidence is admissible, prosecutors will try to connect the chain: who ordered the tracking, who paid or supplied the device, and what contact or harassment resulted. Digital forensics and clear documentation strengthen the case. Baker McKenzie Resource Hub

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3) Possible criminal/penal outcomes in Spain

• The behaviour can be charged as: a breach of the restraining order, stalking/harassment (article(s) on stalking in the Penal Code), or other related crimes (illegal recording, invasion of privacy). Repeated or aggravated surveillance often produces harsher penalties or stricter protective measures. Courts may also add conditions (wider no-contact orders, monitoring of the offender, fines, custodial sentences depending on severity). pilargil-abogados.es+1
• If the third party is outside Spain, Spanish authorities can request mutual legal assistance or, where applicable, EU judicial cooperation to obtain evidence or to bring charges against the third party in their jurisdiction. The practical speed and success depend on treaties and the other country’s laws. IBA+1

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4) Neuroscience / psychological impact (why courts may take it seriously)

• Surveillance and targeted tracking produce the same kind of sustained threat response as other stalking behaviours: chronic amygdala activation, hypervigilance, sleep disturbance, PTSD symptoms and impaired concentration/decision-making. Research consistently links stalking/continuous harassment with high rates of PTSD, anxiety and functional impairment — evidence often used to demonstrate the victim’s harm at sentencing. PMC+1

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5) Practical steps you can take right now (clear, actionable)

1. Report to police immediately (Guardia Civil / Policía Nacional or local Policía Municipal) and make a written complaint. Include all facts: who you suspect, what devices, dates/times, and if you know the third party is abroad. Use the protection order application forms if you haven’t already. policia.es
2. Preserve evidence: screenshots, message logs, photos of trackers/cameras, phone recordings, receipts, bank transfers, witness statements. Don’t destroy original devices — bring them to police or a digital forensics professional. Baker McKenzie Resource Hub
3. Ask your lawyer / the judge to explicitly extend or clarify the restraining order to bar third-party intermediariesor to prohibit the defendant from using anyone else to contact or surveil you. Judges can broaden protective conditions where needed. pineradelolmo.com
4. Get a digital forensics check (SIM, phone, car, trackers). A certified report helps chain evidence and shows directionality (who ordered/activated the device).
5. Seek medical/psychological documentation of the mental health impact (GP, psychologist, trauma clinician). That documentation is useful to show harm at charging/sentencing. ResearchGate
6. Talk to a specialised lawyer or victim service (gender-violence or stalking specialists) who can coordinate with prosecutors and, if necessary, international legal cooperation. Baker McKenzie Resource Hub

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6) What to expect procedurally

• You should expect police to investigate, possibly request mutual legal assistance to the country where the third party or device originates, and to try to establish whether the respondent ordered or organised the surveillance.
• Timeframes vary (international cooperation can be slow), and admissibility or foreign evidence rules can complicate matters — which is why careful evidence collection, forensic reports and good legal representation matter. IBA+1

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