A protection order (orden de protección) is a court decision (art. 544 ter LECrim) which, in a single ruling, adopts criminal measures (restraining order, ban on communication), civil measures (home, custody, contact, maintenance) and social assistance measures for the victim. The victim can apply for it at a police station, a court, the Public Prosecutor’s Office or a victim support office, and the judge must hold an urgent hearing within a maximum of 72 hours. The civil measures last 30 days if no family law claim is filed.
When there is a situation of risk, the priority is that the abuser no longer has access to you and that your life and your children’s lives are reorganised safely. The protection order exists precisely for that: it brings together, in a single fast-track procedure, all the measures you need. We explain how it works, step by step, under the rules in force in 2026.
What a protection order is
The protection order is governed by article 544 ter of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim). According to the law itself, it gives the victim a “comprehensive protection status” that includes criminal and civil interim measures, as well as the social assistance and protection measures provided for in the legal system. It can be relied on before any authority and public administration.
In addition, the protection order is one of the documents that certify a person’s status as a victim of gender violence (art. 23 Organic Law 1/2004), which gives you access to rights such as financial aid or specific employment rights.
Requirements
The judge will issue it when two conditions are met (art. 544 ter.1):
- Well-founded indications of an offence against the life, physical or moral integrity, sexual freedom, liberty or safety of any of the people listed in article 173.2 of the Criminal Code (Código Penal) (partner or ex-partner, children, parents and grandparents, and other members of the household).
- An objective situation of risk for the victim that makes protection necessary.
The protection order is not exclusive to gender violence: it also protects victims of domestic violence, including men assaulted by their partner or ex-partner.
Who can apply for it and where
It can be requested by the victim herself, by anyone who has any of the relationships with her listed in article 173.2 CP, and by the Public Prosecutor (Ministerio Fiscal). The judge can also order it on their own initiative. Public or private support organisations that become aware of the facts must report them immediately to the duty judge or to the Public Prosecutor’s Office.
You can file it with:
- The court or the Public Prosecutor’s Office.
- The National Police (Policía Nacional) or the Guardia Civil, usually together with the police complaint.
- Victim support offices and public social or support services, which must provide you with the form.
The application is sent immediately to the competent judge. In Alicante, the competent court is the Violence against Women Section of the Alicante Court of First Instance (Sección de Violencia sobre la Mujer del Tribunal de Instancia de Alicante) or, outside its hours, the duty judge.
Important: since Organic Law 1/2025 of 2 January, the former Violence against Women Courts have become Violence against Women Sections of the Courts of First Instance. Since 3 October 2025 they also investigate offences against sexual freedom, female genital mutilation, forced marriage, harassment with sexual connotations and trafficking for sexual exploitation when the victim is a woman, even if the offender is not her partner or ex-partner. If your documents refer to a “court” (juzgado) or a “section” (sección), they mean the same specialised body.
The urgent hearing: 72 hours maximum
Once the application is received, the judge calls an urgent hearing with the victim or her representative, the applicant, the alleged abuser assisted by a lawyer, and the Public Prosecutor. The hearing must take place within a maximum of 72 hours of the application being filed (art. 544 ter.4).
- It can be held at the same time as the hearing on remand in custody (art. 505) or the fast-track trial (juicio rápido) hearing (art. 798).
- The judge must avoid any confrontation between the person under investigation and the victim or her children: statements are taken separately.
- The police provide their risk assessment, which the judge takes into account together with the rest of the evidence.
- At the end, the judge rules by means of a reasoned order (auto) on the protection order and on the content and duration of each measure.
What measures it can include
| Type | Possible measures | Duration |
|---|---|---|
| Criminal | Ban on approaching the victim, her home or workplace, with a minimum distance; ban on communicating by any means; leaving the family home; ban on living in a particular place; removal of weapons; remand in custody; monitoring by electronic devices (bracelet) | Those under general procedural law: for as long as the proceedings last or until the judge modifies them |
| Civil | Allocation of the use of the home; custody of the children; suspension of contact or contact arrangements; how parental authority is exercised; child maintenance; any measure to remove the children from danger | 30 days; if the victim files a family law claim within that period, a further 30 days from the claim, until the civil judge decides |
| Social assistance and protection | Access to social, legal, health and psychological services; financial aid; employment rights and housing rights; services such as ATENPRO | According to the rules governing each resource |
Civil measures: who applies for them and what happens with the children
Civil measures must be requested by the victim or her representative, or by the Prosecutor where there are minor children or persons with disabilities. If minors or persons with disabilities who depend on the victim live with her, the judge must rule on them in all cases, even on their own initiative (art. 544 ter.7).
In addition, when the order includes criminal measures and there are well-founded indications that the children witnessed, suffered or lived with the violence, the judge will suspend contact with the person under investigation, unless, at the request of a party, they decide to maintain it in a reasoned decision based on the best interests of the child. We explain this in detail in how to protect children from gender violence.
Remember the deadline: if you do not file a claim for separation, divorce or family measures within the following 30 days, the civil measures lapse. That is why it is advisable to prepare the family law claim from the very beginning.
Electronic devices
The judge can order technological devices to verify compliance with the restraining order immediately (art. 64.3 Organic Law 1/2004). If you want to know how they work, read everything about anti-abuse bracelets.
Notification, registration and appeals
- Notification: the order is served on the parties and communicated immediately to the victim and to the authorities responsible for security and assistance (art. 544 ter.8).
- Ongoing information: the victim has the right to be informed at all times of the procedural situation of the person under investigation, of the scope of the measures and of his prison situation (art. 544 ter.9).
- Registration: the order is entered in the Central Register for the Protection of Victims of Domestic and Gender Violence (Registro Central para la Protección de las Víctimas de la Violencia Doméstica y de Género) (art. 544 ter.10), governed by Royal Decree 95/2009.
- Appeals: both the victim and the person under investigation can appeal the order: an application for reconsideration (reforma) before the same judge within 3 days (art. 211 LECrim) and an appeal (apelación) to the Provincial Court (Audiencia Provincial) within 5 days (art. 766 LECrim).
What happens if it is breached
Breaching a ban on approaching or communicating ordered in gender or domestic violence proceedings is the offence of breach of a court order (quebrantamiento), always punishable by six months to one year in prison (art. 468.2 CP). Disabling or tampering with the bracelet, not carrying it or not keeping it working is punishable by a fine of six to twelve months (art. 468.3 CP). In addition, the breach can lead to more serious measures, including remand in custody (art. 544 bis LECrim).
A common mistake is to think that if the victim accepts contact, nothing happens. The measure is imposed by the judge and only the judge can change it: the consent of the protected person does not prevent the offence. If you are in this situation, see our page on breach of a restraining order.
If a protection order is requested against you
You have the right to attend the hearing with a lawyer, to make a statement or not to do so, to provide evidence and to appeal the order. What you say in those first hours can shape the whole proceedings, so it is essential to have specialist legal assistance from the moment of arrest. And if the order is granted, comply with it strictly even if you disagree: the way to change it is through an appeal or an application to modify it.
Frequently asked questions
How long does it take for a protection order to be granted?
Article 544 ter LECrim requires the urgent hearing to be held within a maximum of 72 hours of the application being filed, and the judge rules at the end of it by means of a reasoned order. The law provides for it to be held while the court is on duty and, only where that is not possible, as soon as possible, never exceeding that limit.
How long does a protection order last?
It depends on the type of measure. Criminal measures, such as the restraining order, last while the criminal proceedings are under way or until the judge modifies or lifts them. Civil measures, such as the use of the home or maintenance, last 30 days; if the victim files a family law claim within that period, they remain in force for a further 30 days from the claim, until the civil judge confirms, modifies or lifts them.
Do I need a lawyer to apply for a protection order?
It is not compulsory in order to apply: you can request it at a police station, a court, the Public Prosecutor’s Office or a victim support office. However, having a specialist lawyer from the start helps you request all the civil measures you need, provide the right evidence at the hearing and prepare the family law claim within the 30-day period.
What happens if I approach the victim with her consent?
You still commit the offence of breach of a court order under article 468.2 of the Criminal Code, punishable by six months to one year in prison. The ban is imposed by the judge and only the judge can modify or lift it. If both parties want to change the situation, a formal application must be made to the court and you must wait for its decision.
Applying for a protection order, or defending yourself against one, is a decision made in hours that has effects for months. Celeste Pérez Bleda, with 20 years of experience in criminal law in Alicante, can stand by you from the police station to the hearing. Find out how we work on restraining orders and in representation of women who are victims of gender violence, or call 607 449 491, available 24 hours a day.
Legal basis and sources
- Criminal Procedure Act, arts. 211, 544 bis, 544 ter and 766 (BOE, in Spanish)
- Organic Law 1/2004 on Comprehensive Protection Measures against Gender Violence, arts. 23 and 61 to 66 (BOE, in Spanish)
- Criminal Code, arts. 173.2 and 468 (BOE, in Spanish)
- Organic Law 1/2025 on measures for the efficiency of the Public Justice Service (BOE, in Spanish)
- Organic Law 6/1985 on the Judiciary, arts. 88 and 89 (BOE, in Spanish)
- Royal Decree 95/2009 regulating the System of administrative registers supporting the Administration of Justice (BOE, in Spanish)
