RESTRAINING ORDER LAWYER

In Spain, to adequately protect victims of gender-based violence and domestic abuse it is possible to grant protective measures for the victim, such as a ban on the aggressor so they can’t be within a certain distance of the victim. It’s also possible to grant a communication ban for the victim, so the aggressor can’t get in touch with him or her.

This is known as a restraining order and can be granted as a precautionary measure until the judge issues a final ruling, or as a definitive measure when it is an additional punishment to the main sentence.

It’s also possible for the courts to dictate a protection order where, in addition to a restraining order or a ban on communication, other civil law measures might be added. For example, custody of the children, child maintenance, spousal maintenance and granting temporary use of the marital home.

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WHAT TO DO IF…

In Spain, to adequately protect victims of gender-based violence and domestic abuse it is possible to grant protective measures for the victim, such as a ban on the aggressor so they can’t be within a certain distance of the victim. It’s also possible to grant a communication ban for the victim, so the aggressor can’t get in touch with him or her.

This is known as a restraining order and can be granted as a precautionary measure until the judge issues a final ruling, or as a definitive measure when it is an additional punishment to the main sentence.

It’s also possible for the courts to dictate a protection order where, in addition to a restraining order or a ban on communication, other civil law measures might be added. For example, custody of the children, child maintenance, spousal maintenance and granting temporal use of the marital home.

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EXAMPLELS OF RESTRAINING ORDERS

1

We’ve been arguing at home for years, but the last time my husband turned really violent. I wanted to leave, but he grabbed my arms to stop me from walking out; he hurt me a lot and I have bruises on both arms. I went to the police, and the next day the judge had granted a restraining order; I finally feel at ease.

2

Sometimes my wife drinks too much, and if she is enraged she can become very violent with me and our children, who are still very small. Last time she broke a glass bottle and threatened to hurt us. I was scared of what she might eventually do, so I reported her and the judge granted me a restraining order.

3

My husband has always insulted me at home when he was unsatisfied with something, but now that I’ve started working again after our son was born he’s turning more and more violent; he’s jealous of my male co-workers. Last week he said to me that if I took longer than 30 minutes to get home he would kill me. I called the number 016 and reported him. The next day, I got a restraining order against him and I feel much safer.

IF YOU ARE IN A SIMILAR SITUATION, DON’T THINK TWICE

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