It depends on what type of order it is. If it is an interim measure (arts. 544 bis and 544 ter of the Criminal Procedure Act, LECrim), the victim or the accused can ask the court to vary or lift it, and can appeal the order by way of reconsideration or appeal; the judge decides after assessing the risk. If it is a sentence imposed in a final judgment (art. 57 of the Criminal Code, CP), it cannot be removed at will: it must be served, and the only way to have it set aside is a pardon (indulto).
Knowing how to lift a restraining order is a common concern, and not only for the person it has been imposed on: many victims ask too, because the situation has changed or because they want to resume contact. The short answer is that nobody can remove it on their own. Only a judge can vary or set it aside, and the options depend on whether it is a provisional measure or a sentence.
First: interim measure or sentence?
This is the key question. You will find the answer in the document you were served with:
- If it is an order (auto) made during the proceedings (for example, at the duty court after a complaint), it is an interim measure. It may form part of a protection order (art. 544 ter LECrim) or be ordered separately (art. 544 bis LECrim). Its purpose is to protect the victim while the case is investigated.
- If it appears in a conviction, it is a sentence. For offences committed against a partner, former partner or the relatives listed in art. 173.2 CP, the law requires the ban on approaching to be imposed “in all cases” (art. 57.2 CP).
| Interim measure | Sentence in a final judgment | |
|---|---|---|
| Who orders it | Investigating court or Gender Violence Section (Sección de Violencia sobre la Mujer) | The judge or court giving the judgment |
| Nature | Provisional, linked to the need for protection | Punishment for an offence already tried |
| Can you ask for it to be lifted? | Yes, from the court, and the order can be appealed | No; only a pardon can be sought |
| Is it enough for the victim to ask? | No: the judge decides after assessing the risk | No |
How to lift a restraining order that is an interim measure
Interim measures are only justified while they are necessary. Article 544 bis LECrim allows them to be imposed “where strictly necessary” to protect the victim or prevent the offence from being repeated. If those circumstances change, either party can ask the court to vary or set it aside.
If you are the victim and want it lifted
You can file a written application or appear before the court handling the case and explain that you do not wish the measure to continue. What you cannot do is set it aside yourself: even if you agree to see the other person, the order remains in force until the judge says otherwise.
The judge is not obliged to agree. The judge will hear the Public Prosecutor (Ministerio Fiscal), review the police risk assessment and the reports available, and decide. As the Legal Guide of the Andalusian Women’s Institute (Instituto Andaluz de la Mujer) explains, the victim’s wish, expressed before the judge, not to maintain the measure “may lead to” its termination because the circumstances that gave rise to it have disappeared, but it does not bring this about automatically.
If you want to resume the relationship, also read whether it is an offence to see your partner under a restraining order when she consents: consent does not prevent the offence for him.
If you are the suspect
You have two routes, which can be combined:
- Appeal the order that imposed it. Orders of the investigating judge can be challenged by way of reconsideration (recurso de reforma) and appeal (recurso de apelación). Reconsideration must be filed within three days of service (art. 211 LECrim); appeal, in the abbreviated procedure, within five days (art. 766.3 LECrim), and it can be lodged together with reconsideration or separately.
- Ask for it to be varied or lifted later on. If circumstances change (time passed without incident, a change of address, work needs or the children’s needs), you can ask for the distance to be reduced, the terms to be adjusted or the order to be set aside.
Article 544 bis LECrim requires the suspect’s financial situation, health, family situation and work to be taken into account when these measures are adopted. These are legitimate arguments for requesting different terms, always keeping the victim’s protection in view.
Important: until the judge lifts it, the order remains in force. Breaching it, even if an application is pending or the victim agrees, is the offence of breach (quebrantamiento), punishable by six months to one year in prison (art. 468.2 CP). We explain this in penalties for breach and how it is defended.
Civil measures and criminal measures
A protection order may include civil measures (use of the home, custody, maintenance, contact), which initially last thirty days; if family proceedings are issued within that period, they continue for a further thirty days from the date of filing, and the competent court must confirm, vary or set them aside (art. 544 ter.7 LECrim). Changing those measures is a separate matter from the criminal restraining order; there is a specific procedure for the modification of measures in gender violence cases.
How long a restraining order lasts
As an interim measure, it has no fixed duration in law: it lasts as long as the order specifies or while the proceedings are under way. It lapses if the case is dismissed or there is an acquittal. In addition, article 69 of the Gender Violence Act (Ley Orgánica 1/2004) allows protection measures to be kept in place after judgment and during appeals, if the judgment so states.
As a sentence, the duration is set by the judgment within the limits of article 57 CP:
- Serious offence: up to 10 years.
- Less serious offence: up to 5 years.
- If there is also a prison sentence, the ban lasts between 1 and 10 years longer than the prison term (serious offence) or between 1 and 5 years longer (less serious), and both are served at the same time.
- Minor offences: up to 6 months (art. 57.3 CP).
And if it is a sentence? The pardon
A final sentence cannot be lifted because the victim asks or because the convicted person’s circumstances have changed. Forgiveness by the injured party only extinguishes liability for minor offences prosecuted at the victim’s instance and before judgment (art. 130.1.5.º CP), which is not the case with gender violence.
The remaining route is a pardon, governed by the Act of 18 June 1870 (Ley de 18 de junio de 1870, de indulto). It may be total or partial (art. 4) and is granted by the Government after proceedings in which the sentencing court issues a report and the prosecutor and the injured party are heard (art. 24). While the application is pending, the judge may suspend enforcement of the sentence if serving it would render the purpose of the pardon meaningless (art. 4.4 CP). It is an exceptional route and its outcome cannot be predicted.
How to apply in Alicante
The application is made to the body handling the proceedings. In gender violence cases, since Organic Act 1/2025, that is the Gender Violence Section of the Court of First Instance (Tribunal de Instancia), formerly the gender violence court. In the Alicante judicial district it is located at Avenida Aguilera, 53 (03007 Alicante), according to the Generalitat Valenciana’s online portal. Appeals against its orders are decided by the Alicante Provincial Court (Audiencia Provincial de Alicante). If the case is already at trial or enforcement stage, the application is filed with the Criminal Section (Sección de lo Penal) handling it.
At our firm we prepare the application with the supporting documents and accompany you at the hearing if the judge calls one. If you are the victim, we first explain the consequences of asking for the order to be lifted so that you can make an informed decision. Celeste Pérez Bleda, member no. 7301 of the Alicante Bar Association (ICALI), has more than 20 years’ experience in criminal law.
Frequently asked questions
Can the victim lift the restraining order?
Not by herself. She can ask the court to lift it if it is an interim measure, explaining her reasons in writing or at a hearing. The judge hears the prosecutor, assesses the risk and decides; the judge is not obliged to agree. If the order is a sentence imposed in a final judgment, the victim’s wishes are not enough to set it aside.
How long does it take the judge to lift a restraining order?
The law does not set a specific time limit for deciding an application to lift an interim measure; it depends on the court and on whether a hearing is called or reports are requested. There are time limits for appealing the order that imposed it: three days for reconsideration and five days for an appeal in the abbreviated procedure.
Can a restraining order be lifted before trial?
Yes, if it is an interim measure and the judge considers it is no longer necessary. The victim or the suspect can apply, and the order that imposed it can also be appealed. Until there is a decision setting it aside, it remains in force and must be complied with, even if both parties agree to see each other.
Can the distance in a restraining order be reduced?
For interim measures, yes, you can apply. Article 544 bis LECrim allows the ban to be adjusted and requires the suspect’s work, family and health situation to be taken into account. For example, if the workplace falls within the exclusion zone. The judge decides, always weighing up the victim’s protection.
What happens if we move back in together while the order is in force?
The person subject to the ban commits the offence of breach, punishable by six months to one year in prison, even if the victim agrees. The Supreme Court (Tribunal Supremo) has held since 2008 that the woman’s consent does not rule out the offence. If you want to live together again, the right course is to ask the court to lift the measure first.
If you need a restraining order to be varied, lifted or kept in place, we help you assess whether now is the right time and how to apply. Our team will assist you in English. There is more information on restraining orders in gender violence cases and on breach of the order, or you can message us on WhatsApp at 607 449 491, 24 hours a day: we will reply straight away.
