⚖️ Your Legal Position (Spain)

Here is a clear, practical explanation of your legal rights in Spain when you have a restraining order (“orden de alejamiento”), especially in situations like public events:


⚖️ Your Legal Position (Spain)

If you have a restraining order against someone:

👉 You are the protected person
👉 They are the restricted person

This is fundamental.


🚫 What the other person is legally required to do

The person subject to the order must:

  • Stay a specific distance away from you (often 100m–500m or more)
  • Avoid any place where you are present
  • Not contact you in any way (calls, messages, social media, through others)

👉 Even accidental proximity can become a problem if they do not leave immediately.


✔️ Your rights

You have the right to:

  • Move freely in public spaces
  • Attend events, اجتمايات, restaurants, etc.
  • Live your normal life without restriction
  • Feel safe and protected by law

👉 You do NOT have to avoid places because of them


⚠️ If you are both at the same place

This is where confusion often happens.

Scenario 1: You are there first

  • They must leave immediately
  • If they stay → they are breaching the order

Scenario 2: They are there first

  • Legally, it’s more complex
  • But if they know you are coming, they should not remain
  • If contact or proximity happens → it can still be a breach

🚨 What counts as a breach

A breach (“quebrantamiento de condena/medida”) is a criminal offence in Spain.

This includes:

  • Coming within the restricted distance
  • Speaking to you or approaching you
  • Being in the same place without leaving
  • Trying to “coincide” with you intentionally

👉 Even in public places.


👮‍♂️ Police involvement

The Guardia Civil or Policía:

  • Can detain or arrest immediately for a breach
  • Will file a report to the court
  • Take breaches very seriously, especially in domestic abuse cases

📞 Emergency number: 112


⚖️ About being excluded from events

Legally:

👉 You should not be the one prevented from attending


🧠 Important legal reality

The restraining order exists to:

👉 Protect your freedom
👉 Restrict the other person’s behaviour

NOT to:
👉 Limit your life
👉 Force you to withdraw from society


✔️ What strengthens your position

  • Carry a copy of the restraining order
  • Inform organisers in advance
  • Keep records if you are excluded unfairly
  • Call police immediately if the order is breached

🔑 Key takeaway

You are not the one who should adapt your life.

They must adapt their behaviour to the law.

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