Restraining/protection order imposed because of physical violence

Restraining/protection order imposed because of physical violence, and the person then broke that order, that is potentially a significant criminal matter in both Spain and the UK. The exact offence and maximum penalty depend on the type of order and the circumstances.

🇪🇸 Spain

In Spain, breaching a judicial restraining order can constitute quebrantamiento de condena under Article 468 of the Penal Code.

For certain protective measures or orders in domestic/partner-violence cases, Article 468(2) provides for 6 months to 1 year imprisonment for breach. (BOE)

Importantly, the breach is a separate criminal offence from the original violence.

So, for example:

Physical violence → court order imposed → prohibited contact/approach → person deliberately contacts or approaches the protected person

can potentially result in proceedings for the breach itself, and if the conduct also constitutes another offence—such as assault, threats, harassment or stalking—those matters can potentially be dealt with separately.

🇬🇧 United Kingdom

In England and Wales, the position is somewhat different because there are several types of protective order.

criminal restraining order is made under the Protection from Harassment Act 1997. Breaching it without reasonable excuse is a criminal offence, with a maximum penalty of 5 years’ imprisonment and/or an unlimited fine. The CPS specifically says that where the breach also involves a new offence, such as assault, harassment or stalking, prosecutors should consider charging both the breach and the additional offence. (Crown Prosecution Service)

non-molestation order is another form of domestic-abuse protection. Breach is also a criminal offence and can carry up to 5 years’ imprisonment on conviction on indictment. (GOV.UK)

The newer Domestic Abuse Protection Order (DAPO) also makes breach a criminal offence, with a maximum of 5 years’ imprisonment on indictment. (GOV.UK)

So how serious is it?

A useful distinction is:

SituationLegal significance
Original physical violenceCriminal offence in its own right
Court subsequently imposes protection/restraining orderCourt formally prohibits specified conduct
Deliberate breach of that orderNew criminal offence
Breach accompanied by further violencePotentially breach + new violence offence
Repeated breachesCan lead to additional offences such as harassment/stalking and can be relevant to sentencing
Breach involving threats or approaching the protected personPotentially particularly serious because it may demonstrate continuing offending and disregard of the court’s protection

The CPS expressly states that courts should consider the seriousness and extent of offending when an order is breached and that a breach plus a distinct new offence can properly result in both offences being charged. (Crown Prosecution Service)

One particularly important point

A breach of a restraining order is not merely a technical administrative matter.

The order exists because a court has determined that restrictions are necessary to protect someone. Deliberately disregarding those restrictions can therefore have consequences independently of whatever happened to cause the original order.

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.