The restraining order is one of the most common precautionary measures in criminal proceedings, especially in cases of gender-based and domestic violence. It is worth knowing how to act on both sides.
What it is and what it entails
It is a prohibition on approaching and/or communicating with a person, within a set distance and through specified means. Breaching it is, in itself, an offence of breach of a court order (art. 468 of the Criminal Code), even if the protected person consents to the contact.
If it is imposed on you
1. Comply with it scrupulously from the very first minute, even if you disagree with it.
2. Do not contact the protected person by any means, nor through third parties or social networks.
3. Appeal with a lawyer if the measure is disproportionate: it can be challenged.
4. Arrange practical matters with your lawyer (home, children, work).
If you need to apply for one
As a victim you can apply for a protection order that includes a restraining order. Provide all evidence of the risk (messages, medical reports, witnesses). The judge assesses the danger before granting it.
Why have a lawyer
Whether to defend yourself against a measure or to apply for one with proper safeguards, legal advice is key: a single message can become a new offence.
Are you in this situation? Do not make any statement or sign anything 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.
Frequently asked questions
What does a restraining order entail?
A prohibition on approaching and/or communicating with a person within a set distance and through specified means. Breaching it is in itself an offence under Article 468 of the Criminal Code, even if the protected person consents to the contact.
What should I do if a restraining order is imposed on me?
Comply scrupulously from the first minute, not contact the protected person by any means or through third parties or social networks, appeal with a lawyer if the measure is disproportionate and arrange practical matters such as home, children and work.
How can a victim apply for a restraining order?
By applying for a protection order that includes it, providing all evidence of the risk such as messages, medical reports and witnesses; the judge assesses the danger before granting it.
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 →
