Art. 544 bis LECrim
General precautionary restraining order
Reformed by LO 1/2026, it allows the judge, in offences of article 57 of the Criminal Code and in a reasoned manner, to impose prohibitions on residing in or going to places, neighbourhoods, municipalities or regions, and on approaching or communicating with specific persons, both to protect the victim and, as an express novelty, to prevent reoffending. The economic situation, health, family situation and employment of the accused must be weighed. Non-compliance obliges the court to convene the hearing of art. 505 to consider pre-trial detention, a protection order or another more restrictive measure, and in offences under LO 10/2022 telematic monitoring of compliance is possible.
In practice
New uses after LO 1/2026
After LO 1/2026, the purpose of preventing reoffending allows restraining orders also in property offences of art. 57 CP (multi-recidivist shop thefts, for example): a new tool for businesses and communities. For the defence, the weighing criteria (work, health, family) are now statutory text: a restraining order that prevents working without assessing it is appealable on its own literal terms.
Art. 544 ter.1 and 2 LECrim
Prerequisites and standing
The protection order requires well-founded indications of an offence against life, integrity, liberty or sexual freedom against the persons of article 173.2 CP and an objective situation of risk that makes it necessary. It may be requested by the victim, their relatives or the prosecutor, or ordered by the court of its own motion, and the police must provide the form: no lawyer is required to apply, although having one changes the outcome.
In practice
The form does not limit the application
The standardised police form does not limit: the application can be expanded and documented by the victim at the court. As defence, we verify that the risk is assessed individually (VioGén reports included, but not as an automatism): orders granted “by protocol” without an objective situation of risk are revoked on appeal.
Art. 544 ter.4 LECrim
The urgent hearing
The duty judge convenes within a maximum of 72 hours a hearing with the victim, the applicant, the prosecutor and the accused assisted by a lawyer, avoiding visual confrontation. It is a real adversarial incident: arriving with evidence (certified messages, witnesses, medical reports) decides orders that otherwise are granted or denied by inertia. The parties arrive with whatever exists within 72 hours, and that decides: for the victim, medical reports, certified messages and witnesses; for the accused, immediate exculpatory evidence (locations, witnesses, complete messages providing context). The accused’s non-appearance does not prevent the order: always appear, and assisted by counsel.
Art. 544 ter.6 LECrim
Criminal measures
The criminal measures (restraining order, prohibition of communication, exit from the home) are governed by the LECrim and last as long as the judge determines while the proceedings continue: they activate the police protection system (VioGén) and their violation constitutes the offence of breach. They have no statutory maximum term but are not eternal: they require review when the risk declines (partial dismissals, acquittals on related facts). We request their modification with new facts, not with complaints: distances that prevent working or picking up the children are adjusted if the necessity and a safe alternative are proved.
Art. 544 ter.7 LECrim
Civil measures
Custody, visiting arrangements, use of the home and maintenance may be ordered for 30 days; if family proceedings are initiated within that period, they are extended another 30 days until the civil judge decides. A well-prepared order avoids months of vacuum concerning the children; a badly prepared one consolidates unjust situations. The 30+30 days are an implacable clock: if the family proceedings are not initiated in time, the measures lapse and the previous regime returns. We coordinate the family filing the same day as the order: civil protection without procedural continuity is a mirage that vanishes in two months.
Art. 544 ter.9 and 544 quinquies LECrim
Registration and minors
The order is registered in the Central Registry for the Protection of Victims and communicated to the administrations to activate social protection. Art. 544 quinquies adds specific measures for the protection of minors (suspension of parental authority, visits) in offences of art. 57 CP. The registration activates protocols (communication to schools, social services) that should be known so as not to breach them through ignorance. And the suspension of visits under art. 544 quinquies is an extremely serious measure requiring reinforced reasoning, which we fight or request depending on our position, always with the interest of the minor documented.
Art. 468 CP
Breach of the order
The breach of the protection order is an offence under article 468 of the Criminal Code, even with the victim’s consent. While the order is in force it must be complied with scrupulously even if the other party seeks contact: a breach ruins the best defence on the merits.
