Failing to comply with a sentence, a precautionary measure or a restraining order may constitute the offence of breach (quebrantamiento) (art. 468 of the Spanish Criminal Code), with serious consequences that are independent of the proceedings that gave rise to the measure.
What breach (quebrantamiento) is
This offence is committed by anyone who breaches a sentence, a security measure, a precautionary measure, a prohibition or a custody order imposed on them. It is a stand-alone offence: the non-compliance itself is punished.
Most frequent cases
The most common is the breach of a restraining order or a ban on communication, but also breaches of permanent localisation, community service or supervised release.
The victim’s consent is no defence
In restraining orders for gender-based violence, the prevailing case law holds that even if the protected person consents to or encourages the contact, the breach remains an offence, because the measure is imposed by the judge, not by the victim.
Penalties
They vary depending on whether the sentence or measure is breached while deprived of liberty or not. In the field of gender-based violence, breach of a restraining order is punishable by imprisonment.
How to defend yourself
The defence examines whether there was intent (dolo) (a will to breach the order), whether the contact was accidental or forced, whether there were errors in the notification of the measure, or whether the elements of the offence are absent. Every nuance matters.
What to do if you are accused
Do not make a statement without a lawyer, gather evidence of the context (messages, witnesses, geolocation) and completely avoid any further contact. The strategy must be defined with immediate legal advice.
Frequently asked questions
What if she was the one who contacted me? It may not be a defence in gender-based violence cases, but it is a relevant fact for the defence. Does an accidental contact count? Intent and the circumstances must be examined. Does it carry imprisonment? For restraining orders in gender-based violence cases, it can.
Are you in this situation? Do not make any statement or take decisions without legal advice. At Société Juridique we are available for emergencies 24 hours a day: 669 30 21 13.
Informative guide; it does not constitute legal advice.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
