The Anti-Abuse Electronic Tag: How It Works and Breaches (2026)
In this article
Key Takeaways
- Monitors compliance with the restraining order
- Breaching it is an offence under Art. 468
- Tampering with the device is also a breach
- Defence: technical faults and chance encounters
The anti-abuse electronic tag combines a device carried by the person under the order and another carried by the victim, and verifies in real time that they do not come within the distance prohibited by the restraining order; if the perimeter is breached, an alert is generated. Failing to comply with the measure — coming closer than the set distance, tampering with or disabling the device, or deliberately neglecting its charging — amounts to an offence of breaching an order (Art. 468 CP), punishable by prison in gender-violence cases. The victim's consent does not exempt, because the measure is imposed by the court. The defence examines technical faults, chance and unavoidable encounters and the absence of intent.
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The anti-abuse electronic tag — the common name for telematic monitoring devices — verifies compliance with restraining orders in gender-violence cases. As criminal lawyers, we explain how it works and its criminal risks.
What It Is and How It Works
The system combines a device carried by the person under the order and another carried by the victim. The technology verifies in real time that the person does not come within the prohibited distance set by the restraining order. If the perimeter is breached, an alert is generated to the monitoring services.
The Breach
Failing to comply with the measure monitored by the tag amounts to an offence of breaching an order (Art. 468 of the Criminal Code). A breach includes:
- Coming closer to the victim than the set distance.
- Tampering with or disabling the device.
- Deliberately neglecting the charging or upkeep of the device.
⚠️ The victim's consent does not exempt
Even if the victim consents to the approach, the majority case law holds that breaching the measure remains an offence. The measure is imposed by the court, not the victim.
The Defence Against a Breach
- Technical faults of the device: false positives, loss of coverage or geolocation errors.
- Chance, unavoidable encounters, where the person moves away immediately.
- The absence of intent in charging or configuration problems.
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Frequently asked questions
How does the anti-abuse electronic tag work?
The system combines a device carried by the person under the order and another carried by the victim. The technology verifies in real time that the person under the order does not come within the distance prohibited by the restraining order; if the perimeter is breached, an alert is generated to the monitoring services.
What conduct amounts to a breach?
Coming closer to the victim than the set distance, tampering with or disabling the device, and deliberately neglecting the charging or upkeep of the device. All of them constitute an offence of breaching an order under Art. 468 CP.
Does the victim's consent to the approach exempt from liability?
No. Even if the victim consents to the approach, the majority case law holds that breaching the measure remains an offence, because the measure is imposed by the court, not the victim.
What penalty does a breach carry in gender-violence cases?
Breaching a measure in the context of gender violence is punished with imprisonment under Art. 468 CP.
How is a breach of the electronic tag defended?
Not every alert is an intentional breach. The defence examines the device's technical faults (false positives, loss of coverage, geolocation errors), chance and unavoidable encounters in which the person under the order moves away immediately, and the absence of intent in charging or configuration problems.
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