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 have written this 2026 guide to explain the applicable legal framework and answer the most frequent questions. As a penalty, Art. 57.1 CP caps it at 10 years where the offence is serious and 5 years where it is less serious (6 months for minor offences, Art. 57.3 CP), and where the judgment also imposes imprisonment the ban runs 1 to 10 years longer than that term (1 to 5 if the offence is less serious), served simultaneously with it. Breaching it is an offence under Art. 468 CP, carrying 6 months to 1 year in prison in gender-based and domestic violence cases. If you are a foreign national affected by a restraining order, our English-speaking criminal defence lawyers in Spain can explain your position.

What is a Restraining Order?

A restraining order is, in origin, a precautionary measure that forbids the investigated person from approaching or communicating with the victim; after a conviction, the same prohibitions are imposed as a penalty. As a precautionary measure it is regulated in Articles 544 bis and 544 ter of the Criminal Procedure Act (LECrim), and as a penalty in Articles 48 and 57 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 (if a protection order is requested, within a maximum of 72 hours from the application) 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):

• Without imprisonment: up to 10 years (serious offence), 5 (less serious) or 6 months (minor offence) (Art. 57 CP).
• With imprisonment: 1 to 10 years longer than the prison term (serious offence) or 1 to 5 years longer (less serious).
• It is served at the same time as the prison term, so it remains in force for that extra margin after release.

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 in all cases if the protected person falls within the circle of Art. 173.2 CP (gender-based or domestic violence) (Art. 468.2)
• Outside those cases, imprisonment of 6 months to 1 year if the obligated person was deprived of liberty, and a fine of 12 to 24 months in the remaining cases (Art. 468.1)
• Real risk of imprisonment: with prior convictions or repeated breaches, suspension of the sentence (Art. 80 CP) is frequently refused

What counts as a violation?

• Approaching closer than the prohibited distance (a chance encounter is not a breach if you move away immediately)
• Sending a WhatsApp, email or social-media message
• Phoning (even if there is no answer)
• Contacting through third parties (friends, relatives)
• Staying in the same public place (bar, supermarket) after noticing her presence, even if she arrived 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:

• Your defence can also request it, although the victim's request carries particular weight
• 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 a penalty and the term has been served, it is extinguished by completion of the sentence (Art. 130.1.2.º CP), with no need for a report from the Public Prosecutor; it is advisable to ask the court to declare it extinguished and to notify the registers and the police.

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 and movement restrictions

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)

Note: in gender-based violence cases the rule is suspension. Where a protection order with criminal measures is issued and there are indications that the children witnessed, suffered or lived with the violence, the judge will suspend visits unless a reasoned decision in the child's best interests provides otherwise (Art. 544 ter.7 LECrim; Art. 66 of Organic Law 1/2004), and the penalty prohibiting approach suspends the visiting arrangements set in a civil judgment until it has been served in full (Art. 48.2 CP).

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 for measures on the use of the home in the family proceedings; if there are criminal proceedings for gender-based violence, the application goes to the Violence against Women Section of the Court of Instance (Sección de Violencia sobre la Mujer; formerly the Violence against Women Court), which then has exclusive civil jurisdiction (Art. 89.7 LOPJ)
• 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 = the precautionary order loses its basis and must be lifted
• 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?

It can be: any interaction on social media directed at her (like, comment, share) may be treated as prohibited communication. Do not do it.

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?

The acquittal judgment must rule on the measure; if it does not, your lawyer must expressly request its lifting, and the judge may take days to decide. In gender-based violence cases, the measure can only be kept in place during appeals if the judgment says so (Art. 69 of Organic Law 1/2004).

Can I travel abroad with a restraining order?

Yes, BUT:

• Unless the judge has imposed other obligations (reporting to court, a ban on leaving Spain), the order does not require you to report your whereabouts: what you cannot do is approach the victim or the prohibited places
• If you wear a GPS bracelet, you must request authorisation
• If trial is pending, the judge may forbid you from leaving the country

The no-contact, no-residence and no-communication prohibitions the investigating judge may order as a precautionary measure are governed by Article 544 bis of the Spanish Criminal Procedure Law.