Appealing a Restraining Order in Spain: Deadlines and Arguments (2026)

Receiving a restraining order at the urgent court hearing leaves the person under investigation without a home, without contact with their family and, in many cases, with a sense of defencelessness due to the speed of the procedure. The good news is that the order can be appealed: there are two procedural routes that allow it to be challenged, with short but effective deadlines. As criminal lawyers, this guide explains how and when to appeal.

The Two Routes: Reversal Appeal and Appeal

The law provides two appeals against the ruling that grants a restraining order as an interim measure:

1. Reversal appeal (Arts. 216 and 211 LECrim)

• It is filed before the same judge who issued the order.
• Deadline: 3 days from notification of the ruling.
• It does not suspend the order: the measure remains in force while it is resolved.
• It is the first opportunity to submit new evidence (messages, witnesses, reports).

2. Appeal (Art. 766 LECrim)

• It is filed before the Provincial Court.
• Deadline: 5 days from notification (or from the resolution of the reversal appeal, if filed first).
• It allows the merits to be reviewed: whether the legal requirements concur and whether the measure is proportionate.
• The Court may uphold, modify or revoke the order.

The usual route is to first file the reversal appeal and, if dismissed, the appeal. A direct appeal without a prior reversal appeal (subsidiary appeal) is also possible, which saves time when it is known the investigating judge will not change their view.

Arguments That Work

Not every argument is useful. Case law has consolidated the following lines:

1. Absence of rational evidence of an offence (Art. 544 ter LECrim)

The order requires well-founded evidence of an offence, not a mere suspicion. If the complaint rests solely on the complainant's one-sided account, with no witnesses, no medical reports and obvious contradictions, the legal standard is not met.

2. Absence of objective risk to the victim

The interim measure is preventive: it protects against a real, not abstract, risk. Effective arguments:

• A peaceful prior relationship: messages and witnesses proving normal cohabitation.
• Time elapsed without incidents since the reported event.
• Voluntary contacts by the victim with the person under investigation after the complaint.
• A low VioGén assessment (low risk or risk not appreciated).

3. Lack of proportionality

If the order is excessive (500 m where 100 m would suffice, removal from the home when the parties were not living together), its modification may be sought without full revocation.

4. An improper motive behind the complaint

When the complaint is filed right after an announcement of separation, a custody dispute or a financial claim, it is legitimate to argue an instrumental motive. Case law requires caution: the mere context of a marital crisis is not enough, but a strict coincidence in time is relevant.

5. Lack of reasoning in the ruling

The ruling must give individualised reasons for the evidence and the risk. If it confines itself to generic phrases ("there is evidence of gender violence"), it can be challenged for breach of the right to effective judicial protection (Art. 24 of the Constitution).

Does the Appeal Suspend the Order?

NO. Filing the appeal does not suspend the enforcement of the interim measure. The order remains fully in force until the competent body resolves it. Breaching it while the appeal is pending is an offence of breach (Art. 468 CP).

The Evidence Worth Submitting

An appeal with no new evidence rarely succeeds. What does tip the balance:

• WhatsApp messages / email from before and after the reported event (dump certified by an expert).
• Direct witnesses to the cohabitation (relatives, friends, neighbours).
• Medical or psychological reports on the person under investigation that rule out patterns of violence.
• Documentation of the parallel crisis: divorce petition, custody claim, prior financial complaint.
• Employment and family background proving roots and the absence of flight risk.

Appeal Against the Denial of a Modification

When some time has passed and the judge is asked to modify the order (reduce the distance, allow contact regarding children), if the judge refuses, that ruling is also appealable through the reversal appeal and the appeal, with the same deadlines. It is the usual route to relax the measure when reconciliation, the contact regime or simply the passage of time justify an adjustment.

And After the Trial?

If the judgment is an acquittal, the interim order loses its basis. It is not lifted automatically: its withdrawal must be expressly requested. If the judgment is a conviction, the order becomes an accessory penalty and is appealed through the route proper to the judgment, not that of Art. 544 ter LECrim.