Restraining order

The restraining order can be a penalty or precautionary measure that consists of prohibiting the person who has committed an assault from approaching the victim.

Restraining order

The restraining order is regulated by the Penal Code. It is established by a judge or court and it will be he who decides the duration of the restraining order.

There are different forms of restraining order, it can be the prohibition to approach or consist of not residing in the same place as the victim or their relatives.

The restraining order is essential and is intended for crimes of gender violence or domestic violence, therefore, they usually protect the following natural persons:

  1. Spouses or person with whom you have an affective relationship.
  2. Decendents.
  3. Minors who are under guardianship.

They have suffered crimes against life or sexual assault.

Content of the restraining order

The content of the restraining order can be summarized as follows:

  1. Prohibition of residing in places where the victim or the family resides or approaching it.
  2. Prohibition of going to the place where the crime was committed.
  3. Prohibition of going to the workplace of the victim.
  4. Prohibition of approaching the victim, his relatives, wherever they are.
  5. Prohibition of communicating with the victim or their family members in any way, written, verbal or visual.

Order requirements

The necessary requirements to establish a restraining order are:

  1. That is established by a judge or court,
  2. The victim must have reported the crime.
  3. There must be sufficient evidence to support the restraining order.
  4. It should be understood that the victim or his family are in a dangerous situation if the restraining order decision is not made.

Breach of restraining order

In the event that the aggressor violates this prohibition, a distinction must be made between two cases:

  1. That the aggressor wanted to meet the victim, infringing by wanting the restraining order. In this case you will have punishment.
  2. That the aggressor did not want to meet the victim, the encounter being fortuitous. In this case there will be no punishment.