A protection order<\/strong> 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.<\/p>\n It is regulated in Article 544 ter of the Spanish Criminal Procedure Act<\/strong> 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.<\/p>\n <\/p>\n <\/p>\n A protection order<\/strong> 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.<\/p>\n It may be requested by:<\/p>\n 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.<\/p>\n <\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n <\/p>\n The protection order may contain measures of different kinds, adapted to the specific risk situation.<\/p>\n The criminal measures that may be adopted include:<\/p>\n When there are minor children or urgent family matters, civil measures may also be agreed, such as:<\/p>\n <\/p>\n 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.<\/p>\n 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.<\/p>\n These decisions must always be adopted taking into account the best interests of the child<\/strong> and the specific risk situation.<\/p>\n <\/p>\n The duration of the measures depends on their nature.<\/p>\n Criminal measures<\/strong> 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.<\/p>\n Civil measures<\/strong> 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.<\/p>\n <\/p>\n If you or someone close to you is in a risk situation, it is important to ask for help as soon as possible.<\/p>\n 016 is free of charge<\/strong> and provides specialised support. However, it is advisable to delete the call log from the device<\/strong> if there may be a risk of control by the aggressor.<\/p>\n <\/p>\n <\/p>\nContents<\/h2>\n
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Who can apply for one?<\/h2>\n
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How is it requested?<\/h2>\n
What measures can it include?<\/h2>\n
Criminal measures<\/h3>\n
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Civil measures<\/h3>\n
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Effects on minor children<\/h2>\n
How long does it last?<\/h2>\n
What to do in a risk situation<\/h2>\n
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Related links<\/h2>\n
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Legal sources and related resources<\/h2>\n
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