Restraining Orders in Spain

• This service is needed by individuals who have been the victims of harassment, threats, or domestic violence, among other criminal offences.  Such violence can be especially difficult to resolve when it occurs in a foreign country, since the victim may not have the support of extended family or understand the system of state support due to language difficulties. 
• This legal service helps anyone in this situation request a restraining order in Spain, commonly referred to as "orden de alejamiento" or "orden de restricción"​​. 
• The distress associated with such experiences can be alleviated by securing a restraining order, which mandates the perpetrator to maintain a specified distance from the victim, their workplace, home, or any other frequented places, thereby offering a sense of security and reprieve.

• An initial discussion with an English-speaking lawyer, specialised in this area of the law, so that they lawyer is able to understand your current situation and provide you with information on your options
• Making an application for a restraining order as well as any other order that may be required in the circumstances.
• Ongoing representation in future proceedings such as separation, divorce, including resolution of child maintenance/visitation obligations/rights.

To be eligible for the restraining order service, the law in Spain mandates that:

1. A formal complaint accusing a perpetrator of a crime against the person seeking the restraining order must be lodged.
2. Sufficient evidence supporting the complaint must be provided.
3. The offences leading to the request for a restraining order should fall under certain categories as stipulated by Article 57 of the Spanish Criminal Code, such as threats, harassment, or other crimes against personal freedom​.

The procedure to obtain a restraining order in Spain involves:

1. Filing a formal complaint against the alleged perpetrator.
2. Providing sufficient evidence to substantiate the complaint.
3. The court then reviews the evidence and decides whether to issue a restraining order, either as a precautionary measure during the judicial process or definitively post-trial, based on the severity of the offence.

Securing a restraining order through our services will ensure:

1. Legal protection from potential harm or harassment by maintaining a mandated distance between the victim and the perpetrator.
2. Peace of mind knowing that the law enforces the restraining order.
3. Enhanced safety, especially in cases of domestic violence, as Spanish legislation imposes a restraining order by default in all guilty verdicts related to domestic violence

Our comprehensive service involves:

1. Initial consultation to understand the client's situation and gather necessary evidence.
2. Filing the necessary paperwork to initiate the restraining order process.
3. Representing the client in court hearings and liaising with the judicial system to ensure the restraining order is granted and enforced.
4. Providing counsel and support throughout the process, ensuring the client is informed and supported every step of the way