Protective Measures After Divorce & in Domestic Violence Cases (Medidas Cautelares)

Even after a divorce, survivors of abuse may require ongoing protection. Spanish law provides temporary legal tools to ensure safety, protect children, and prevent harassment.


1. Restraining Orders (Orden de Protección)

  • Prohibits the abuser from contacting or approaching you.
  • Can include restrictions on visiting your home, workplace, or children.
  • Violations are criminal offenses and can lead to arrest.

2. Custody and Visitation Protections

  • Courts prioritize children’s safety.
  • Temporary or long-term custody can be awarded to the survivor.
  • Abuser may have restricted, supervised, or no visitation.

3. Housing Protections

  • Court can order the abuser to leave the shared home.
  • Ensures the survivor and children can live safely.
  • May include security measures at home if needed.

4. Financial Safeguards

  • Restrict abuser’s access to joint accounts, property, or assets.
  • Court may provide temporary financial support (pensión compensatoria / alimentos).

5. Communication and Harassment Restrictions

  • Prohibits any form of harassment, threats, or unwanted communication.
  • Covers phone calls, messages, emails, social media, and in-person contact.

6. Police or Court Monitoring

  • In high-risk cases, abuser may be required to report regularly to police.
  • Electronic monitoring or check-ins may be imposed.

7. How to Request and Maintain Measures

  1. File a petition at the Domestic Violence Court (Juzgado de Violencia sobre la Mujer).
  2. Provide evidence: messages, emails, threats, police reports, or witness statements.
  3. Lawyer assistance ensures measures are clear, enforceable, and updated as needed.
  4. Report breaches immediately to police and your lawyer.

8. Key Points for Survivors

  • Protective measures are temporary but can be extended if risk continues.
  • Keep all documentation and court orders secure.
  • Safety planning and support networks remain crucial even after divorce.
  • Survivors have the right to ongoing protection and the courts take violations seriously.

Bottom Line: Protective measures provide legal, financial, and personal safety, helping survivors rebuild life securely after divorce or in ongoing domestic violence cases.


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