Restraining Order: What It Means and How to Request It

The restraining order is a judicial measure that prohibits a person from approaching or communicating with another, with the aim of protecting the victim from further episodes of violence, threats, coercion, or harassment. In Spain, it is regulated, among other norms, in the *Código Penal* (Criminal Code) (prohibitions of article 48 and imposition rules of article 57), in the *Ley de Enjuiciamiento Criminal* (Criminal Procedure Law) (protection order of article 544 ter), and in the *Ley Orgánica 1/2004* (Organic Law 1/2004) on comprehensive protection measures against gender violence, as well as in the *Ley 27/2003* (Law 27/2003) that regulates the protection order for victims of domestic violence.

At GVC Abogados (García Valcárcel & Cáceres), a law firm based in Murcia, we advise and process these measures swiftly and rigorously, both in criminal proceedings and in related civil matters (custody, visitation, use of the home, alimony), coordinating, when necessary, experts and support professionals.

Punishment or precautionary measure? Two paths for the same protection

As a precautionary measure in a criminal proceeding

The court can agree to it urgently during the investigation if there are indications of a crime and risk to the victim, usually through the orden de protección (protection order) of article 544 ter of the *Ley de Enjuiciamiento Criminal* (Criminal Procedure Law). It includes penal measures (prohibition of approach and communication) and may incorporate provisional civil measures in family matters (guardianship and custody, visitation regime, use of the home, and alimony).

As a punishment in a sentence

After a conviction, the judge may impose the prohibition of approaching and/or communicating as per article 48 of the *Código Penal* (Criminal Code). Its duration is set in accordance with article 57: usually between 6 months and 5 years for less serious offenses, and up to 10 years for more serious ones, depending on the case and the principal penalty.

What does a restraining order exactly prohibit?

• Approaching the victim, their home, workplace, school, or other places they frequent. The court sets a minimum distance (e.g., 200, 300, or 500 meters).
• Communicating by any means (telephone, messaging, social media, mail, third parties).
• Residing or going to certain places or municipalities.
• If applicable, monitoring through electronic means when agreed upon by the court.

These prohibitions may also extend to family members or other individuals with a special connection to the victim when necessary for their protection.

Duration and scope

• Protective measure: it is in effect as long as the court agrees during the proceedings. It can be modified, extended, or rendered ineffective if circumstances change.
• Sentence penalty: the judge sets the years of prohibition based on the severity of the crime and the risk involved. In serious crimes, it can reach up to 10 years; in less serious crimes, up to 5 years.
• Civil measures of the protection order: they are provisional and require confirmation by the family court or the competent civil court within a short period; initially, they are adopted for a limited period and must be ratified or reviewed by the civil authority.

How to apply for a restraining order or protection order

Who can request it?

• The victim, directly or through their lawyer.
• The Public Prosecutor's Office.
• The Security Forces and Corps in a police report.
• Social services, victim support units, or assistance entities, with the victim's authorization or when permitted by law.

Where to apply

• Guardia Court or Court of Violence against Women (if there is gender-based violence).
• Police station or barracks (it is processed with the police report and transferred to the court).
• Prosecutor's Office or victim assistance services.
• With the support of your law firm. In Murcia, GVC Abogados can urgently submit and substantiate the application.

Deadlines and procedure

• Urgency: the court usually summons a hearing in a very short time to hear the parties and resolve.
• Resolution: if there are indications and risk, the protection order is issued, which is immediately notified and registered in the relevant records for monitoring.
• Civil measures: they are initially adopted provisionally and must be reviewed by the competent family court within a short period.

Evidence and useful documentation

• Medical reports, photographs of injuries or damages, psychological reports.
• Messages, emails, calls, social media posts, witnesses.
• Records of previous complaints, breaches, or police interventions.
• Family documentation: family book, agreements, custody resolutions or previous measures.

What happens if the order is violated (breach)

The breach of a restraining order or prohibition of communication is an autonomous crime (*artículo 468 del Código Penal* - article 468 of the Penal Code). It carries criminal liability even if there is consent from the victim. The police can immediately arrest the alleged offender, and the court can aggravate the measures. It is essential to preserve evidence of the breach (messages, locations, witnesses) and to notify the authorities immediately.

Impact on family law: custody, visitation, and housing

Protection orders can affect custody arrangements, visitation, communication with minors, and the use of the family home. The court can suspend visits, establish family meeting points, or assign the use of the home to the victim to prevent contact with the accused. If there is already a divorce proceeding or parental measures in place, the civil court must coordinate with the criminal court. Having experienced family law attorneys is key to aligning criminal protection with realistic and safe civil measures.

Frequently Asked Questions

• What distance does the court set? It depends on the case; often between 200 and 500 meters, and it can be extended if necessary.
• Can it be requested without a prior complaint? Yes, a protection order can be requested directly by presenting the facts and the risk; the court will assess the evidence and hear from the parties.
• Can the victim “lift” the order? No. Only the court can modify or annul the measure, after assessing the risk and with a report from the Public Prosecutor's Office.
• Does the order prevent picking up the children? The judge can design a safe visitation regime (meeting points, third parties, staggered schedules) or suspend them if there is a risk.
• Does it affect the work of the accused? If their activity involves presence in prohibited areas, the judge can adjust the measure, but the protection of the victim will always take precedence.

How We Help You at GVC Abogados (Murcia)

At GVC Abogados (García Valcárcel & Cáceres), we urgently analyze the viability of the restraining order, prepare the application, and defend your interests in the court appearance. Our team combines criminal and family law experience to ensure effective criminal measures and, where appropriate, coherent civil measures (custody, visitation, housing, alimony).

If you are in Murcia or the province and need to file or respond to a restraining order application, contact us. Office: Plaza Fuensanta, 3 – 6ºB, 30008 Murcia. We are lawyers in Murcia with extensive experience in family law, civil liability, medical negligence, and criminal law, and we work with experts when the case requires it.

Practical Tips

• Prioritize safety: if there is a risk, call 112 or go to the police. In cases of gender violence, 016 offers information and does not leave a trace on the bill.
• Keep all evidence and avoid any contact, even indirect.
• If you are reported, strictly comply with the measure; request, through your defense, the necessary adjustments for work or contact with the children.
• Seek legal assistance as soon as possible. A good initial foundation is crucial for the adoption of measures.

Conclusion

The restraining order is a key protective tool that can be requested urgently and tailored to the needs of the case. Its proper processing and coordination with civil measures make a difference. If you are looking for family or criminal law attorneys with experience in protection orders, GVC Abogados is your ally in Murcia. We also advise you on inheritances, medical negligence, and other areas, with the commitment to provide you with legal security and effective defense.