What is a protection order?
A protection order is an urgent court decision issued to protect victims of domestic or gender-based violence, as well as minors and dependent persons in their environment.
It is regulated in Article 544 ter of the Spanish Criminal Procedure Act and its purpose is to activate protective measures quickly when there are signs of a risk situation. It may include criminal, civil and assistance measures, depending on the circumstances of the case.
Contents
Who can apply for one?
A protection order may be requested when there are indications of domestic or gender-based violence and an objective risk situation for the victim or for people in their family environment.
It may be requested by:
- The victim themselves.
- People in their family environment, such as ascendants, descendants or siblings.
- The Public Prosecutor’s Office.
- The judge, ex officio, when they become aware of a possible risk situation.
- Assistance entities or bodies that become aware of the facts, under the terms provided by law.
The victim does not need to know all the legal details of the procedure before asking for help. The important thing is to activate the protection mechanisms as soon as possible when there is a situation of danger.
How is it requested?
The request may be submitted before the duty court, the law enforcement authorities, victim support offices or through assistance services that can refer the situation to the competent authority.
Once the request has been received, the court convenes an urgent hearing to hear the parties and the Public Prosecutor. The decision must be adopted within a short period, as provided by law, to ensure a swift response to risk situations.
The victim does not need a lawyer to submit the initial request. However, having legal advice from the outset may be important to assess the necessary measures, prepare the hearing and properly protect their interests and those of their children, if any.
What measures can it include?
The protection order may contain measures of different kinds, adapted to the specific risk situation.
Criminal measures
The criminal measures that may be adopted include:
- Prohibition on approaching the victim, their home, workplace or usual environment.
- Prohibition on communicating by any means.
- Prohibition on going to certain places.
- Other precautionary measures necessary to protect the victim.
- Pre-trial detention in the most serious cases, when the legal requirements are met.
Civil measures
When there are minor children or urgent family matters, civil measures may also be agreed, such as:
- Provisional allocation of the use of the family home.
- Provisional regulation of the custody of minor children.
- Visitation, communication and stay arrangements, with any limitations or supervision that may be appropriate.
- Setting of provisional child support.
- Suspension or restriction of visits when there is a risk to the children.
Effects on minor children
When there are minor children, the protection order may have direct consequences for family measures. The judge must assess whether the relationship with the parent under investigation may pose a risk to the children or to the victim.
Depending on the case, measures may be adopted such as suspension of visitation arrangements, supervision of meetings at a family contact centre, limitation of communications or specific measures to preserve the safety and stability of the children.
These decisions must always be adopted taking into account the best interests of the child and the specific risk situation.
How long does it last?
The duration of the measures depends on their nature.
Criminal measures may remain in place for as long as necessary within the criminal proceedings, until the court modifies them, lifts them or replaces them with other measures.
Civil measures adopted within the protection order have a limited duration. If family civil proceedings are initiated within the legal time limit, these measures may remain in force provisionally until the civil judge issues a decision on the corresponding family measures.
What to do in a risk situation
If you or someone close to you is in a risk situation, it is important to ask for help as soon as possible.
- In an emergency, call 112.
- For support for victims of violence against women, you can contact 016.
- You can also go to the Police, Civil Guard, duty court, social services or victim support offices.
016 is free of charge and provides specialised support. However, it is advisable to delete the call log from the device if there may be a risk of control by the aggressor.