In Spain, family members can be included in a restraining order if their actions constitute harassment, stalking, or domestic violence. Spanish law provides mechanisms to protect individuals from such behaviors, including those perpetrated by family members.

Legal Framework for Protection

Under Organic Law 1/2004, victims of domestic violence can request a civil protection order (orden de protección) through Article 544-ter of the Criminal Procedure Law. This order can be requested by the victim, their closest relatives, their lawyer, or the Public Prosecutor’s Office. It aims to provide immediate protection to the victim and can include measures such as:

• Prohibiting the aggressor from approaching the victim’s home, workplace, or other frequented places.
• Mandating the aggressor to leave the shared residence.
• Establishing temporary custody arrangements for children.
• Prohibiting contact through any means, including digital communication.

These measures are designed to ensure the safety and well-being of the victim and can be applied regardless of the aggressor’s familial relationship to the victim.

Stalking and Harassment

If a family member engages in stalking or harassment, their actions may fall under the provisions of Article 172 quater of the Spanish Penal Code, which criminalizes stalking behaviors. Persistent behaviors such as following someone, using their personal information inappropriately, or excessively contacting them through any form of communication can be considered stalking. The penalty for this crime can range from a prison sentence of 3 months to 2 years or a fine ranging from 6 months to 2 years. Piñera del Olmo Canals

Digital Harassment

In the digital age, harassment can extend to online platforms. While monitoring someone’s actions on social media is not inherently a crime, using technological means to harass another person, such as sending threatening messages, spreading false information, or invading privacy, can constitute cyber-harassment. This is a violation of the law with the intention of causing harm to a person and/or their honor. Consequences may include conditional liberty, a restraining order, or imprisonment. Piñera del Olmo Canals

Steps to Take

If you are experiencing harassment or stalking by a family member, consider the following steps:

1. Document the Behavior: Keep detailed records of all incidents, including dates, times, and descriptions. Take screenshots or save messages as evidence.
2. Report the Behavior: Contact local authorities or a legal professional to report the harassment. In Spain, you can report such incidents to the police or social services. Victims can report emotional abuse confidentially, and authorities prioritize victim safety throughout the process. JustAnswer
3. Seek Legal Protection: Consult with a lawyer to explore options for obtaining a civil protection order or other legal remedies.
4. Reach Out for Support: Consider contacting organizations that specialize in supporting victims of domestic violence and harassment.

Remember, you have the right to live free from harassment and to seek legal protection when necessary.