How to request a restraining order
The spanish Penal Code refers to the prohibition of approaching the victim, which in colloquial terms is called a restraining order. This prohibition implies, in addition to not approaching the victim's home, other places such as their work center and any other place frequented by her. This is clearly indicated in article 48 of the Criminal Code: 'The prohibition of approaching the victim, or those of his family or other persons determined by the judge or court, prevents the convicted person from approaching them, wherever they may be, as well how to approach your home, your work places and any other that is frequented by them. The exact distance that will have to be kept with respect to the victim, will be what the Judge deems appropriate; Therefore, it will be necessary to be aware of what is available in the specific case.
This type of penalty is considered to be exclusive of rights. As criminal lawyers, we mean that the penalties can not only be custodial (prison) but also deprived of rights, as in this case.
How to ask for restraining order
The restraining order can be adopted in two ways:
- As a precautionary measure. It will be provisional until the pertinent judicial procedure is resolved.
- Definitively, that is, when a Judgment has been issued. In these cases the penalty is usually ancillary to another. For example: in a crime of ill-treatment, imprisonment plus another accessory penalty may be imposed, as is the case of the restraining order,
In either case, it is convenient to have the assistance of an english lawyer to help us throughout the process. That is why we invite you to contact us if you are a victim of gender violence or other behaviors and you are considering asking for a measure of this type. If, on the contrary, you have imposed a restraining order and need legal defense or want to ask any questions, we will also help you. Just ask for an appointment with our Marbella Office we will help you as soon as possible.