In recent years, considerable progress has been made in the area of equality, and although there is still much to be done and many details to be clarified, one such achievement has been Law 27/2003 of 31 July, which regulates protection orders for victims of domestic violence and, in turn, introduces this legal concept into the legal system via Article 544 ter of the Criminal Procedure Act (LECrim). The aim of this article is to facilitate and streamline the procedure for obtaining a protection order. Would you like to know more about this legal initiative? Keep reading this post and we’ll explain what it involves, its requirements and what it covers.
What does a protection order relating to gender-based violence involve?
The purpose of the Comprehensive Protection Act is to prevent, punish and eradicate gender-based violence, as well as to provide all forms of support and care to victims and their children. The protection order against gender-based violence is a provision included in this Act, the aim of which is to implement precautionary, criminal and civil measures.
A protection order relating to gender-based violence is a a legal measure designed to ensure safety and protection of victims of gender-based violence. It consists of a court order imposing restrictions on the perpetrator, such as a ban on approaching or contacting the victim. It may also include other protective measures, such as requiring the perpetrator to stay away from the shared home, arrangements regarding child custody, or the use of the property. This order aims to prevent and avert future acts of violence, providing support and protection to those affected by this serious issue.
What measures does a protection order against gender-based violence include?
Below, we set out the measures included in this order against gender-based violence that are designed to protect the victim.
Restriction on approaching: prevents the abuser from approaching or contacting the victim, either directly or through third parties.
Leaving home: stipulates that the abuser must leave the shared home and maintain a certain distance to prevent any potential encounters or intimidation.
Protection of minors: ensures the protection of the couple’s children by establishing measures such as sole custody for the victim or a restraining order prohibiting the minors.
Use of the home and property: it may order that the victim be granted exclusive use of the home or shared property, thereby ensuring their stability and safety.
Police escort: Provision is made for police protection where the victim is in a situation of imminent danger.
How long do protective measures for victims of gender-based violence last?
Protection orders relating to gender-based violence must come into effect within a maximum of 72 hours and are not indefinite; they generally last for two years. However, they may be extended in any of the following circumstances:
- If the perpetrator commits a serious offence involving domestic violence, either against the direct victim or against any other member of the immediate family.
- If the perpetrator inflicts physical violence on any member of the household.
- If the complainant has had two or more protection orders against the abuser in the past and, in each of these two cases, the judge ruled that the abuser had committed domestic violence and was likely to commit it again in the future.
Where can you report gender-based violence?
If you are aware of any cases of gender-based violence, please do not hesitate to report them to one of the following organisations:
- A National Police station or your local police station.
- At a Civil Guard barracks.
- Public Prosecutor’s Office.
- Court for Cases of Violence against Women or Duty Court.
It is very important that, when making a complaint, you are as clear and concise as possible, that you set out the facts in detail and, if possible, provide some form of evidence.
What happens if a complaint is false? Are there any consequences?
Combating gender-based violence is a very serious matter which not only requires new laws, but also a major effort to raise public awareness on the part of all kinds of institutions and organisations, and it is therefore unacceptable for this issue to be used as a political weapon or as a tool for purposes other than eradicating this social scourge.
According to the Criminal Code, to deter false accusations, Article 456 stipulates that anyone who accuses another person of a criminal offence, knowing that they are innocent, shall be punished with a prison sentence of between 6 months and 2 years, in addition to a fine.
If a false allegation is made in the context of gender-based violence, the penalties may be increased, with sentences of up to 3 years’ imprisonment.
These are the general penalties under consideration, but within the Spanish judicial system, each case is investigated on its own merits and may be resolved in different ways.
