Breach of a restraining order in Alicante

Breaching a restraining order is a criminal offence, even if the victim agrees to the contact. We defend the accused and also the victim who reports a breach.

Reviewed by Celeste Pérez Bleda, Bar member no. 7301 · Updated October 2026

In short

Article 468 of the Criminal Code (Código Penal) punishes anyone who breaches a sentence, a security measure, imprisonment, a precautionary measure or custody. When a ban on approaching or communicating, imposed to protect a partner, former partner or the relatives listed in article 173.2, is breached, the penalty is six months to one year in prison (article 468.2). Disabling or tampering with the electronic monitoring tag is punished with a fine of six to twelve months (article 468.3). According to Supreme Court case law, the victim’s consent does not rule out the offence.

What counts as a breach

Coming closer than the set distance to the protected person, their home or their workplace.
Communicating with them by any means: calls, messages, social media or through other people.
Tampering with, switching off or disabling the electronic monitoring device.

Penalties and consequences

In gender and domestic violence cases, breaching a ban on approaching or communicating is punished with six months to one year in prison (article 468.2 of the Criminal Code). It can also lead the judge to tighten the precautionary measures, including pre-trial detention, and it is usually dealt with as a fast-track trial (juicio rápido).