If your restraining order is approaching expiry and you are concerned about your safety, you may be able to ask the court for a new protective measure. This is not an automatic renewal: the court must consider the legal requirements and the evidence of risk.
Under Articles 544 bis and 544 ter of Spain’s Criminal Procedure Act (Ley de Enjuiciamiento Criminal), courts can impose certain precautionary restrictions in qualifying cases. Depending on the circumstances, these may include prohibitions on approaching or communicating with the protected person.
An application for a protection order under Article 544 ter requires sufficient indications of a qualifying offence and an objective situation of risk. The court decides whether the requirements are met and what measures, if any, are appropriate.
What can you do if your existing order is nearing expiry?
- Speak to a qualified Spanish lawyer before the expiry date.
- Provide details of any suspected breaches, including approaches, unwanted contact or other prohibited conduct.
- Keep copies of relevant evidence, police reports and witness details.
- Ask whether a new precautionary measure is legally available in your circumstances.
- Confirm the status and duration of any new order directly with your lawyer or the court.
A new protective measure is not guaranteed, and making an application does not automatically extend the existing sentence. Seeking advice early can help you understand your options and avoid making assumptions about when protection ends.
If you are in immediate danger in Spain, call 112 or the Guardia Civil on 062.
Legal information: This section is general information, not individual legal advice. The appropriate procedure depends on the existing judgment, the facts and the applicable law.
Official reference: Spain’s Criminal Procedure Act, Articles 544 bis and 544 ter.
