What is a restraining order?

What is a restraining order?

This is a precautionary measure that is used to prevent a crime from occurring. Sometimes it can be filed before the final resolution, during the investigation phase, having the character of a precautionary measure until a sentence is passed, to prevent more crimes from being committed against the victim. In other cases it is part of the sentence, and receives the title of accessory penalty, and prohibits the approach of the person who has been the perpetrator of the crime to the person who has suffered it.

The law explains what a restraining order consists of in article 48 of the Penal Code.

What is intended to do with the restraining order is to protect the life, property, liberty and physical integrity of the victim or prevent a crime from being committed again. In short, it is a matter of preventing the perpetrator from approaching the victim or being in the same place as her.

How is a restraining order handled?

The person to whom the restraining order has been imposed may not approach the victim at a distance determined by the judge or try to contact the victim through any means, neither in person, nor through a third person , applications (WhatsApp, Facebook or Instagram), phone calls or emails, etc.

It should be noted that the prohibition extends to places where the victim develops their usual life, such as their workplace, their gym, etc.

When the victim and the aggressor have a romantic relationship in which there are minor children, the order supposes the suspension of the visitation regime.

The law does not set criteria for the safety distance so it is left to the judgment of the judge, making use of proximity detection devices, electronic equipment or GPS wristbands (for the most serious cases where there is an imminent danger to the victim).

Who does a restraining order protect?

The validity and application of the restraining order is for crimes of domestic violence or gender violence, in this case being the protected partner or ex-partner, descendants (children or grandchildren), minors.

How long does a restraining order last?

The period is established by a court or a judge, based on the indications of the commission of the crime or danger of recidivism.

What happens when a restraining order is not complied with?

The restraining order is mandatory, which means that otherwise we are facing a breach. If you do not agree with this decision in our criminal law firm we can appeal it.

How to remove a restraining order?

It must be taken into account if it is a precautionary measure, the Judge will do it, only if there is a substantial variation in the conditions.

If you need a lawyer to help you with the management of your restraining order, do not hesitate to get in touch.