gavelPractice Area
Breach of Sentence Lawyers
As expert lawyers in breach of sentence, we defend your rights against Art. 468 Criminal Code accusations.
Why Hire Breach of Sentence Experts
The crime of breach of sentence (Art. 468 CP) requires immediate technical defense. As expert criminal lawyers in breach of sentence, we analyze whether there was intent or if it was a fortuitous encounter. Any contact, however minimal (a like, a missed call), can trigger police protocol and lead to pretrial detention.
- Digital Communication: Sending a WhatsApp, an email or even giving a "Like" on social networks.
- Intermediaries: Sending messages through children or mutual friends.
- Physical Proximity: Approaching the home or workplace, even if the victim is not spoken to.
Defense Strategies
Fortuitous Encounters
Living in the same city implies a risk of coincidence (supermarket, school). If the encounter is accidental and the investigated person leaves immediately, there is no intent to breach. The burden of proving intent lies with the prosecution.
Error of Type / Deception
We defend cases where the victim falsely assures the investigated person that "she has withdrawn the complaint" or "removed the order". If we can prove this deception (messages, recordings), we can argue an invincible error of prohibition to avoid prison.
gavel
Why Alonso & Sala for Breach?
Specialized breach defense. Strategy: fortuitous encounter + invincible error.
- shieldFortuitous encounter: casual coincidence (supermarket/school) + immediate withdrawal = no intent. Burden of proving intent on prosecution.
- shieldInvincible error: victim deceives ('I withdrew complaint/order'). Proving deception (messages/recordings) = prohibition error avoids prison.
- shieldConsent myth: court order only judge lifts. Victim's consent does NOT exempt criminal liability (Art. 468 CP).
- shieldScreenshot experience: we challenge screenshots without metadata/chain of custody (easy to fake today).
quiz
FAQs
What is considered 'contact' for the purpose of a breach?expand_more
Any communication: a call (even if not answered), a WhatsApp message, an SMS, an email, a social media message, a 'like' on a photo, or even sending a third party (a friend, a child) with a message. The prohibition is absolute.
What if I run into her on the street by accident?expand_more
A chance encounter is not a crime. If you cross paths with her at the supermarket, you must turn around and leave immediately. If you remain in the place or try to talk, there is intent, and you commit the crime.
And if she calls or writes to me?expand_more
Do not answer. You commit the crime if you respond. The correct thing is not to answer and, if possible, save proof of her contact attempt and inform the court to show that she is the one seeking communication.
What is the penalty for a breach?expand_more
Prison from 6 months to 1 year. As it is an intentional crime against the Administration of Justice, judges are very strict. If you have a criminal record, the risk of going to prison is very high.
Can I go to the same places she does?expand_more
You cannot approach her, her home, her workplace, or places she frequents. If you know she goes to a bar every Friday, you cannot go to that bar, even if you keep your distance.
How is a breach proven?expand_more
With the victim's statement, witnesses, screenshots of messages (which are cross-referenced with the mobile), call records from the phone company, or geolocation from telematic devices ('bracelets').
Can I claim I didn't know I had the order?expand_more
Only if you were not personally notified of the court resolution. If you signed the notification at the court or the police read it to you, you can no longer claim ignorance.
If she unblocks me on WhatsApp, can I write to her?expand_more
NO. Unblocking means she wants (or allows) to talk, but you are forbidden by court order. If you write, you commit a crime, even if she reads and replies kindly.
Can I 'like' her photos on Instagram/Facebook?expand_more
No. Interacting on social media is considered a form of communication or 'making oneself present'. Courts have convicted for 'likes' or public wall comments.
If we meet at court for divorce?expand_more
Courts are the only partial exception, with nuances. You must stay away in corridors and not speak to her. Inside the room, under judicial control, you can be, but you will leave last to avoid meeting outside.
If she blackmails me with reporting breach if I don't give money?expand_more
Record it if you can and report it immediately. It is a crime of threats or coercion. If you yield to blackmail, it will never stop.
If we live in the same building or small neighborhood?expand_more
If the order includes communication ban and restraining, and coexistence is inevitable (same entrance), the judge can force you to move. In small towns, schedules for shopping or vetoed zones are established.
Can I go to my son's communion if she goes?expand_more
If you have a restraining order regarding her (not the child), you cannot coincide. If she goes, you cannot. It is painful, but freedom is at stake. Sometimes it is agreed one goes to the ceremony and the other to the reception, but requires judicial agreement.
Does breach count as a criminal record?expand_more
Yes, and counts for recidivism. If convicted of several breaches, even if short sentences, the sum can lead to effective prison quickly.
Can I use a parental control app to talk?expand_more
Only if the judge expressly authorized it for child issues. If you use the app to send personal messages to her ('come back to me'), it is a breach.
And if she calls from a hidden number?expand_more
Do not pick up. If you pick up and it is her, hang up immediately. Do not enter into conversation.
Are screenshots valid?expand_more
Yes, but they are challengeable. An IT expert can certify authenticity. We challenge those without 'metadata' or clear chain of custody, as they are easy to fake nowadays.
Does the crime of breach prescribe?expand_more
Yes, after 5 years. But be careful, that is the crime of breach. The restraining penalty imposed by the original crime can last longer (up to 10 years in serious cases).
Need Immediate and Expert Legal Assistance?
The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.
Contact Alonso Sala