securityPractice Area
Protection Orders
Defense in the Art. 544 ter LECrim hearing. The critical moment where housing and children decisions are made.
Objective Situation of Risk
For a judge to grant a protection order, the complaint is not enough. Two requirements must be met: indications of a crime and, fundamentally, an objective situation of risk for the victim.
Our defense in the hearing focuses on dismantling this risk. If we demonstrate that the relationship has been broken for months, that they live in separate homes without previous incidents, or that the complaint is filed right after a divorce claim, we argue that there is no precautionary need for protection, thus avoiding the most burdensome measures.
Automatic Family Consequences
Following the Civil Code reform, if a protection order is issued, the judge must suspend the visitation regime with minor children, unless exceptionally motivated otherwise in the child's interest.
This makes the 544 ter hearing the most important moment of the process for a father. A bad defense here can mean months or years without seeing his children until the main trial is held. We fight every civil measure with the same intensity as the criminal one.
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Why Alonso & Sala for Protection Orders?
Specialized 544 ter hearing defense. Strategy: dismantle risk + fight civil measures.
- gavelDismantle objective risk: relationship broken months + separate homes without incidents = no precautionary protection need (avoid burdensome measures).
- gavelFight civil measures: automatic visit suspension (Civil Code reform) = critical moment for father. Bad defense = months/years without children.
- gavelQuick appeal: Reform/Appeal (doesn't suspend execution). Order active 3-6m while resolving. Win first hearing = vital.
- gavelTag experience: challenge VioGén police risk assessment (High/Extreme). Avoid stigmatizing measure gelocates both.
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FAQs
How long does a protection order last?expand_more
A protection order is a precautionary measure. If issued, it lasts until there is a final judgment in the criminal proceeding. If acquitted, it is extinguished. If convicted, it transforms into a restraining penalty for the time set by the judge (minimum 6 months).
Can I see my children if I have a restraining order?expand_more
Current law requires the judge to automatically suspend the visitation regime if a protection order is issued based on evidence of a crime. Only exceptionally, and with strong justification, could visits be maintained at a Family Meeting Point. It is the harshest consequence.
Do I have to leave my own house?expand_more
Yes. If the house is the family home, the violence judge will attribute its use to the victim and children, even if the property is exclusively yours or in your name. You will have to leave the home within hours.
What if I breach it accidentally?expand_more
A chance encounter is not a crime if you withdraw immediately. But any voluntary contact (a call, a WhatsApp message, approaching) is a crime of breach of sentence (Art. 468 CP), which carries a prison sentence.
Can I appeal the protection order?expand_more
Yes, a Reform and/or Appeal Resource can be filed before the Provincial Court. However, the appeal does not suspend the execution of the order. It will remain in force while it is being resolved.
Will my weapons be taken if I am a police officer or hunter?expand_more
Yes. The adoption of the protection order entails the immediate withdrawal of the firearms license and the weapons themselves. This can lead to suspension of employment and salary for professions that require them.
What if she seeks me out?expand_more
It is irrelevant. The prohibition is on you. If she contacts you, you must not respond and, if possible, inform the court. If you respond or go to her call, you are the one committing the crime.
What if we work together or in the same company?expand_more
The judge can impose changes in schedule, position, or even transfer of work center. If contact cannot be avoided, you could lose your job or have to ask for leave, unless a strict protocol is agreed upon.
Will I get an electronic tag (bracelet)?expand_more
It is reserved for 'High' or 'Extreme' risk cases in VioGén. The device geolocates both and alerts police if you get close. It is a very stigmatizing measure that we try to avoid by challenging the police risk assessment.
Does the order include alimony?expand_more
Yes. In the same protection order, the judge can set provisional civil measures: housing attribution, custody, and alimony for children. These measures last 30 days if no divorce claim is filed, or for the duration of the criminal process.
If she invites me home while the order is active?expand_more
IT'S A TRAP (or a fatal error). The victim's consent DOES NOT annul the judicial order. If you go to her house and police catch you (or she calls later), you will be arrested for breach. Never go.
Can I communicate through lawyers?expand_more
Yes. The prohibition of communication does not affect lawyers. We can talk to her lawyer to manage children, divorce, or belongings issues, but you must never speak directly with her.
What about the pet?expand_more
The Animal Welfare Law allows the judge to rule on the custody and protection of the pet in violence cases too. If it is considered that the animal is at risk or used to coerce, it can be attributed to her.
How long does an appeal against the order take?expand_more
It can take months (3 to 6 months or more in saturated Courts). That is why it is vital to win the battle in the first hearing, because reversing it later is slow and the damage (especially with children) is already done.
If the case is archived, is the order erased?expand_more
Yes. If the judge dictates dismissal or final acquittal, the protection order automatically falls and you recover your rights (weapons, housing, visits), unless there are active civil divorce measures.
Can I go to my children's school play?expand_more
If you have a restraining order regarding her and she is going to be there, NO. Your right to see your children yields to the protection order. You must ensure she is not there and even then it is risky if the distance is short.
Does it affect my residence permit?expand_more
If you are a foreigner, a conviction can mean non-renewal or even expulsion. On the other hand, she, as a victim with a protection order, can obtain papers for exceptional circumstances. This sometimes incentivizes false accusations.
Can the judge deny the order but continue the case?expand_more
Yes. It is what we seek as the lesser evil. The judge says 'there are indications to investigate, but no current objective risk justifying measures'. You remain under investigation, but free, in your home and seeing your children.
Who pays costs if it is archived?expand_more
Normally they are declared ex officio (no one pays the other party). It is very rare for the victim to be condemned in costs unless procedural bad faith or very evident false accusation is proven.
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.
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