Restraining order: concept, requirements, regulation and non-compliance

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The restraining order is a precautionary measure that consists of a deprivation of liberty through which an aggressor is prohibited from approaching his victim or some of his family members . What does the restraining order consist of? The restraining order is a restriction on the freedom of movement with respect to the victim or his or her family . This precautionary measure seeks to protect the victim from these alleged crimes: Crimes against life, physical or moral integrity . That is, homicide , torture, mistreatment, injuries , gender violence ... Crimes against sexual freedom . Sexual assaults , sexual harassment , rape , exhibitionism … Crimes against freedom or security . For example, illegal detentions , threats , coercion , crimes against privacy ... The restraining order includes the prohibition of the aggressor from approaching the victim or some of his family members. This includes his residence, her place of employment, and any place normally frequented by the subjects.

The aggressor is also deprived of the right to reside in the place where the crime was committed or where the victim lives. Likewise, it also covers all types of communications , whether written, visual or verbal. That is, the aggressor is prohibited from contacting the victim or her family members by telephone, mobile messages or through social networks, for example. On the other hand, if the aggressor and the victim were a couple with DM Databases children in common, the restraining order implies the suspension of the child's visitation regime . We can help you At Dexia Abogados we are lawyers specializing in restraining orders . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US The duration of the restraining order depends on its purpose . If it was imposed as a precautionary measure in the investigation phase , it will be valid until the trial is held. On the other hand, if it is ordered in a sentence, it will have the duration that the court considers appropriate to protect the victim. It is possible to withdraw a restraining order before it expires.



However, the consent of the victim is not enough for it to cease to be effective, but it will have to be the judge himself who withdraws it. Where is the restraining order regulated? The restraining order is regulated in Section 3 of Chapter One of Title III of the Penal Code . Article 39.g) recognizes the restraining order as a penalty depriving people of rights. On the other hand, article 48 regulates this measure: 1. The deprivation of the right to reside in certain places or go to them prevents the convicted person from residing or going to the place where he committed the crime, or to the place where the victim or his family resides, if they are different. In cases where there is a declared intellectual disability or a disability that has its origin in a mental disorder, the specific case will be studied in order to resolve it, keeping in mind the legal rights to be protected and the best interest of the person with a disability who, in If applicable, it must have the necessary means of accompaniment and support to comply with the measure.