Protective measures are temporary legal actions designed to ensure the safety of victims and their children while legal proceedings, including divorce or criminal cases, are ongoing. These are often granted by the Juzgado de Violencia sobre la Mujer (Domestic Violence Court).
1. Types of Protective Measures
a) Restraining Orders (Orden de Protección)
- Prohibits the abuser from contacting or approaching the victim.
- Can include restrictions on visiting the victim’s home, workplace, or children.
- Violations are criminal offenses and can lead to arrest.
b) Temporary Custody or Visitation Limits
- Court may grant the victim temporary custody of children.
- Abuser may have no visitation or supervised visitation only.
c) Removal from Shared Home
- Court may order the abuser to leave the family home to protect the victim and children.
- Ensures the victim can live safely during proceedings.
d) Financial Protections
- Restrict abuser from accessing joint accounts or property.
- Temporary financial support for the victim or children (pensión compensatoria / alimentos).
e) Prohibition of Harassment or Communication
- Abuser may be forbidden from sending messages, emails, or making phone calls.
- Covers all forms of direct or indirect harassment.
f) Police Monitoring
- In some cases, the abuser may be subject to reporting obligations to police or electronic monitoring.
2. How to Request Protective Measures
- File a petition at the Domestic Violence Court (Juzgado de Violencia sobre la Mujer).
- Provide evidence of abuse: messages, emails, threats, police reports, witness statements.
- Lawyer assistance is highly recommended to ensure measures are clearly defined and enforceable.
- Urgent requests can be made if you are at immediate risk. Courts can act within hours or days.
3. Duration and Review
- Protective measures are temporary until the court issues a final judgment.
- They can be extended, modified, or reinforced if the abuser violates them or risk persists.
- The court regularly reviews evidence to determine if continued protection is necessary.
4. Importance of Documentation
- Keep copies of all court orders.
- Document any breaches immediately (messages, stalking, property damage).
- Report violations to police and your lawyer for enforcement.
Key Message: Protective measures (medidas cautelares) are essential legal tools to maintain safety, limit contact with the abuser, protect children, and secure financial and personal stability during divorce or criminal proceedings.
