Following a crime, it is often difficult for a victim to forget about their ordeal and lead a normal life. A fear for many victims is that the person who comitted the crime will try to do something harmful once again. An option for many victims, including harrassment victims, is to obtain a restraining order.
A lawyer, with the use of a restraining order, can prevent people becoming victims of: homicide, gender violence, abortion, injuries, intimidation, torture, crimes against freedom and liberty and many more crimes.
What happens when a person gets a restraining order?
Under the Spanish Criminal Code, once a restraining order has been obtained against an individual the recipient cannot go within a certain distance of the victim. To get a restraining order, a victim will require a Spanish Lawyer, as a restraining order can only be implemented by a Judge. The distance and locations which the individual cannot visit include:
- The victim’s house or flat
- The victim’s place of work
- Places which the victim regularly visits, including, as examples: a gym or sport’s club.
Our lawyers at Piñera del Olmo also note that the restricted individual cannot communicate with the victim. This includes both physical, face-to-face communication and virtual communication; by using mobile phones, online messages and social media. Similarly, it is prohibited to attempt to communicate through third parties (including children).
The use of a restraining order falls into two legal categories: it can be seen as a preventative or precautional measure, or also as a criminal measure. Lawyers often advise clients to choose this option if the physical integrity of a person is at risk. The risk of not obtaining a restraining order must also be assessed, as in some cases, for example, an individual can be receiving death threats at the time of applying for a restraining order from the Spanish Court.
Other limitations can include civil matters (such as not being able to see the younger children outside of a “meeting point” with a personal administrator) or administrative reasons (such as the prohibition of carrying arms).
What happens if a person violates their restraining order?
This would be considered to be a criminal offence, or a violation of the restraining order. Amongst the punishment for violating a restraining order is a prison sentence.
Should you need further information, or legal advice, please do not hesitate to contact our lawyers.