In recent years, considerable progress has been made in terms of equality, and although much remains to be done and many nuances to be defined, one of these achievements has been Law 27/2003, of July 31, which regulates the protection order for victims of domestic violence, which, in turn, introduces this figure into the legal system through article 544 ter of the LECrim. The purpose of said article is to facilitate and expedite the procedure by which the protection order is obtained. Do you want to know more about this legal initiative? Stay in this post and we will explain what it consists of, its requirements and what it includes.
The purpose of the comprehensive protection statute is to prevent, punish and eradicate sexist violence, in addition to providing help and attention of all kinds to the victims and their children. The gender violence protection order is a resolution included in said statute and whose goal is to take precautionary, criminal and civil measures.
The protection order for gender violence is a legal measure aimed at guaranteeing the safety and protection of victims of sexist violence. It consists of a judicial resolution that imposes restrictions on the aggressor, such as the prohibition to approach or communicate with the victim. In addition, it may include other protection measures, such as removal from the common home, custody of the children or use of the home. This order seeks to prevent and avoid future acts of violence, providing support and safeguarding to the people affected by this serious problem.
Below, we specify which measures aimed at protecting the victim are included in this order against gender violence.
Prohibition of approach: prevents the aggressor from approaching or communicating with the victim, both directly and through third parties.
Removal from home: establishes that the aggressor must leave the shared home and maintain a certain distance to avoid possible encounters or intimidation.
Protection of minors: guarantees the protection of children in common, establishing measures such as exclusive custody of the victim or the prohibition of approaching minors.
Use of housing and assets: it can determine the exclusive use of the home or shared assets in favor of the victim, ensuring their stability and protection.
Police accompaniment: the possibility of having police protection when the victim is in situations of imminent risk is established.
Domestic violence protection orders must be effective within a maximum of 72 hours and are not indefinite, but generally last two years. However, it can be extended in time if any of these cases occur:
If you know of a case of gender violence, do not hesitate to report it at any of these points:
It is very important that when filing the complaint be as clear and concise as possible, detail the facts and, if possible, present some type of evidence.
Fighting against gender violence is something very serious that is not only requiring new laws, but also a great effort to raise social awareness by all kinds of institutions and groups, so it is inadmissible to use it as a tool for purposes other than eradicating this social pathology.
According to the Penal Code, in order to discourage false denunciations, article 456 establishes that whoever accuses another person of a crime, knowing that they are innocent, will be punished with prison terms of between 6 months and 2 years, in addition to a penalty fee.
If a false complaint is presented in the field of gender violence, the penalties can be aggravated and can reach up to 3 years in prison.
These would be the general penalties that are being considered, but within the Spanish judicial system, each case is investigated in isolation and can be resolved with various variants.