The Anti-Abuse Electronic Tag: How It Works and Breaches (2026)
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listIn this article
lightbulbKey Takeaways
- check_circleMonitors compliance with the restraining order
- check_circleBreaching it is an offence under Art. 468
- check_circleTampering with the device is also a breach
- check_circleDefence: technical faults and chance encounters
Quick answer
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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