Within the framework of criminal proceedings for gender-based violence, the protection order is a legal instrument that protects victims of gender-based violence, allowing the adoption of criminal and civil precautionary measures to ensure the safety and well-being of the victim, her children or family members.
In our firm we are aware of the importance of acting quickly and sensitively in these situations. In this article we explain what the protection order consists of, how it is requested and what measures it includes.
What is a protection order?
The protection order is a judicial resolution that aims to immediately protect victims of gender or domestic violence. It is issued by a judge when there are indications that a person has been a victim of physical, psychological, sexual or economic violence within the family or couple.
This measure is regulated in article 544 ter of the Criminal Procedure Law, and allows the concentration in a single judicial decision of both the criminal and civil measures necessary to protect the victim.
Who can apply for a protection order?
The application can be submitted in different ways:
- The victim or his or her legal representative, directly before the court or the police, at the time of filing the complaint.
- A relative of the victim, specifically the victim’s ascendants, descendants or siblings, as provided for in Article 173.2 of the Penal Code.
- The Public Prosecutor’s Office.
- The judicial authority itself ex officio, this being the only precautionary measure of deprivation of liberty that can be adopted by judicial bodies without the need for a request by the prosecuting party.
In our office we accompany the victims throughout the process, ensuring that the application is made correctly and with the necessary documentation.
What measures can a protection order include?
The order may include different precautionary measures, both criminal and civil:
🔹 Penal measures
– Provisional imprisonment.
- Prohibition to approach or communicate with the victim or his or her relatives.
- Expulsion from the shared domicile.
- Removal of weapons or dangerous objects.
🔹 Civil measures
- Attribution of the use and enjoyment of the family home.
- Suspension or modification of visitation, custody or parental rights.
- Urgent economic measures (alimony, etc.).
These measures are taken immediately, after a court hearing in which both the victim and the defendant are heard.
Requirements for adoption
The requirements for the adoption of the Protection Order are regulated in article 544 ter of the Criminal Procedure Law.
– In the first place, there must be rational indications of having committed a crime against life, physical or moral integrity, freedom or security by a man who has been or is a spouse or an analogous relationship of affectivity.
– Secondly, there must be an objective situation of risk for the victim that justifies the adoption of these measures restricting fundamental rights. For the analysis of this situation, all the circumstances of the criminal act are taken into account. These include the intensity of the violence, the criminal record and the likelihood that the person under investigation may continue to commit acts against the victim.
How long does a protection order last?
The duration depends on the circumstances of the case and can be maintained as long as there is a risk to the victim. In many cases, the measures can be extended or modified if the situation changes. In this sense, criminal precautionary measures can be maintained during the entire criminal proceeding. The civil measures have an initial validity of 30 days and can be extended if the victim’s attorney files a civil suit, either for divorce or for parental measures before the same court of violence against women.
The role of the specialized lawyer
Having a lawyer specialized in gender violence is essential. The professional not only advises on the best legal strategy, but also accompanies the victim throughout the process, guaranteeing her safety and rights.
In our office we offer urgent legal assistance, personalized support and absolute confidentiality. Our commitment is to protect you and help you start a new path free of violence.
Need help or advice? If you are experiencing violence or know someone who may be at risk, you are not alone. Get in touch with our team. We will offer you immediate legal advice, psychological support and accompaniment throughout the process.
Anna Nicolàs Torán
Lawyer Expert in Family Law
M&CAbogados
