Restraining Orders in Spain: Complete Guide 2026

A restraining order is one of the most severe precautionary measures in the Spanish criminal-justice system. It can change your life radically: it forbids you from approaching a person, communicating with them, and even living in your own home. As specialist criminal-defence lawyers in restraining orders, we receive hundreds of enquiries about this measure. This 2026 guide answers all your questions.

What is a Restraining Order?

A restraining order is a precautionary measure (not a penalty) that forbids the suspect or convicted person from approaching the victim or communicating with them. It is regulated in Article 544 ter of the Criminal Procedure Act (LECrim) and Article 48 of the Criminal Code (CP).

It may include:

• Prohibition of approach: Not coming within X metres (typically 300-500m) of the victim, their home, workplace or places they frequent.
• Prohibition of communication: No contact by any means (phone, WhatsApp, email, social networks, third parties).
• Removal from the home: If you lived together, the suspect must leave the home immediately, even if they own it.
• Weapons withdrawal: Immediate surrender of weapons and prohibition on acquiring new ones.

When is a Restraining Order Imposed?

It can be issued at two stages:

1. As a Precautionary Measure (before trial)

The judge orders it after a complaint for offences such as:

• Gender-based or domestic violence
• Threats or coercion
• Stalking
• Assault
• Sexual offences

An urgent hearing is held (usually within 72 hours) where the judge listens to both parties and decides.

2. As an Accessory Penalty (after conviction)

If you are convicted, the restraining order becomes an accessory penalty added to the prison term or fine. At this point it is no longer "precautionary"; it is definitive.

How Long Does a Restraining Order Last?

It depends on whether it is precautionary or a penalty:

Precautionary Order (before trial):

• Lasts until a final judgment (which may take months or years).
• Can be modified or lifted if circumstances change (reconciliation, lack of evidence).

Order as a Penalty (after conviction):

• Minimum: the length of the prison sentence.
• Maximum: up to 10 additional years after leaving prison.
• In serious offences: may be permanent (lifelong).

Consequences of Violating the Order

Violating a restraining order is an autonomous offence of breach of sentence (Art. 468 CP), punishable with:

• Imprisonment of 6 months to 1 year
• Or fine of 12 to 24 months
• IMMEDIATE entry into prison (no suspension for repeat offenders)

What counts as a violation?

• Approaching closer than the prohibited distance (even by chance)
• Sending a WhatsApp, email or social-media message
• Phoning (even if there is no answer)
• Contacting through third parties (friends, relatives)
• Being in the same public place (bar, supermarket) if she arrives first

What if she contacts me?

CAREFUL: Even if the victim is the one seeking you out, YOU remain responsible if you respond. The order applies to you, not to her. If she contacts you:

1. Do NOT reply
2. Save the evidence (screenshots)
3. Inform your lawyer immediately
4. Request the judge to modify the order

How to Lift or Modify a Restraining Order

There are several legal avenues:

1. Application to Lift by Reconciliation

If the victim and you have reconciled, she can ask the judge to lift the order. BUT:

• It must be done by her (the victim), not by you
• She must appear before the judge in person
• The judge may REFUSE if there is risk (especially in gender-based violence)
• She needs legal advice (the judge will inform her of the consequences)

2. Application to Modify the Distance

If it cannot be fully lifted, you can request a reduction in distance (from 500m to 100m, for example) or telephone contact to coordinate child-related matters.

3. Removal upon Acquittal

If you are acquitted at trial, the precautionary order loses its basis. Your lawyer must immediately request its removal.

4. Removal upon Completion of Sentence

If the order was an accessory penalty and you have served the term, you can request its lifting. It requires a favourable report from the Public Prosecutor.

Electronic Monitoring: The GPS Bracelet

In high-risk cases (VioGén risk assessment), the judge may impose an electronic-monitoring device:

• You wear a GPS bracelet that you cannot remove
• The victim carries a device that alerts if you approach
• The police receive automatic alerts
• Duration: As long as the restraining order is in force

Advantages: Allows you to prove that you did NOT violate the order (if falsely accused)

Disadvantages: Social stigma, movement restrictions, cost (sometimes borne by the suspect)

Restraining Order and Visitation Rights

One of the most painful situations: how do you see your children if you cannot approach their mother?

Legal solutions:

• Family Meeting Point: Neutral place where you drop off/pick up the children without contact with the mother
• Third party: A relative picks up the children and brings them to you
• Order modification: Allowing limited contact to coordinate visits (in writing, through lawyers only)

The judge MUST guarantee the minors' right to see both parents, unless there is genuine risk to them.

Restraining Order and the Family Home

If you lived together, the order requires immediate departure from the home, even if:

• You are the sole owner
• You pay the mortgage
• You are registered there

What can you do?

• Collect your basic belongings (escorted by police)
• Apply to the Family Court for measures on the use of the home
• If you are the sole owner, you may request financial compensation

The restraining order does NOT remove your ownership, but it does remove your right of use while the measure is in force.

Can I Lose My Job Because of a Restraining Order?

It depends:

Private Sector:

• It is NOT automatic grounds for dismissal
• BUT if you work with the victim, it may be impossible to comply with the order and remain employed
• The company may relocate you or, as a last resort, dismiss you on objective grounds

Public Sector / Security Forces:

• May involve suspension of duties
• If convicted, disqualification for public employment
• Police / Civil Guard: surrender of service weapon and possible transfer to non-operational duty

Legal Defence Strategies

As defence lawyers, we challenge the order on several fronts:

1. Challenging the Precautionary Order

• Showing there is no real risk (peaceful prior relationship, reconciliation)
• Producing WhatsApp messages showing voluntary contact by the victim
• Questioning the credibility of the complaint (ulterior motives: divorce, custody)

2. Requesting Less Restrictive Measures

• Prohibition of communication but no physical distancing (if not cohabiting)
• Reduction of distance (from 500m to 200m)
• Allowing contact for child-related matters

3. Defence on the Merits

• Acquittal = automatic lifting of the order
• Mitigating factors = reduction in the duration of the order as penalty

False Reports and Restraining Orders

Unfortunately, there are cases of instrumental complaints (to gain leverage in divorces). Warning signs:

• Complaint filed immediately after separation is announced
• Total absence of witnesses or physical evidence
• Earlier messages threatening to "ruin you" or "take the children"
• Contradictions in the statements

If you suspect the complaint is false:

1. Gather ALL evidence of previous communications (WhatsApps, emails)
2. Look for witnesses to the peaceful relationship
3. Document any prior threats to denounce you
4. Consider filing for false report (Art. 456 CP) if you are acquitted

FAQ

Can I go to the same supermarket she goes to?

Technically yes, BUT if she arrives first and you approach closer than the prohibited distance, you violate the order. The safest option is to change supermarket or go at different times.

What if we meet by chance on the street?

You must walk away immediately. If she approaches you, move away. Even if it is by chance, the responsibility to maintain the distance is yours.

Can I send her flowers or gifts?

NO. Any contact, even "romantic", is a breach. Even sending flowers via a florist is a criminal offence.

Does liking on Instagram count as a violation?

YES. Any interaction on social media (like, comment, share) is prohibited communication.

Can I talk to her parents or friends?

It depends. If you talk to them so that they pass on messages to her, it is indirect breach. If you talk for other reasons (they were your friends before), generally not, but it is a grey area. Better to avoid it.

How long does it take for the order to be lifted after acquittal?

It is not automatic. Your lawyer must request it expressly. The judge may take days or weeks to issue the lifting order.

Can I travel abroad with a restraining order?

Yes, BUT:

• You must inform the court of your whereabouts
• If you wear a GPS bracelet, you must request authorisation
• If trial is pending, the judge may forbid you from leaving the country