Restraining Order

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).