In recent years, significant progress has been made in terms of equality. Although there is still much to do and many nuances to define, one of these achievements has been Law 27/2003 of July 31, which regulates the protection order for victims of domestic violence and introduces this figure into the legal system through Article 544 ter of the Spanish Criminal Procedure Law (LECrim). The objective of this article is to facilitate and expedite the process by which a protection order is obtained. Would you like to know more about this legal initiative? Stay in this post and we will explain what it is, its requirements, and what it includes.
The comprehensive protection statute aims to prevent, punish, and eradicate gender-based violence, in addition to providing assistance and all types of support to victims and their children. The gender violence protection order is a resolution included in this statute, and its purpose is to implement precautionary, criminal, and civil measures.
The gender violence protection order is a legal measure designed to guarantee the safety and protection of victims of gender-based violence. It consists of a judicial resolution that imposes restrictions on the aggressor, such as a prohibition on approaching or communicating with the victim. It may also include other protective measures, such as eviction from the shared home, custody of children, or use of the residence. This order seeks to prevent and avoid future acts of violence, providing support and safeguarding to those affected by this serious issue.
Below, we outline the measures included in this order to protect victims of gender-based violence.
Prohibition of approach: prevents the aggressor from approaching or communicating with the victim, either directly or through third parties.
Eviction from the home: requires the aggressor to leave the shared residence and maintain a specified distance to prevent possible encounters or intimidation.
Child protection: guarantees the safety of the children involved, establishing measures such as granting the victim exclusive custody or prohibiting the aggressor from approaching the minors.
Use of home and assets: may grant the victim exclusive use of the shared home or belongings, ensuring their stability and security.
Police escort: provides the possibility of police protection when the victim faces imminent risk.
Gender violence protection orders must take effect within a maximum of 72 hours and are not indefinite; generally, they last for two years. However, they may be extended if any of the following occur:
If you are aware of a case of gender-based violence, do not hesitate to report it at any of the following locations:
It is very important that, when filing the report, you are as clear and specific as possible, describing the facts in detail and, if possible, presenting any kind of evidence.
Fighting gender-based violence is a very serious matter that not only requires new laws but also significant social awareness efforts from all types of institutions and organizations. Therefore, it is unacceptable to use it as a weapon or as a tool for purposes other than eradicating this social issue.
According to the Spanish Criminal Code, to discourage false accusations, Article 456 establishes that anyone who accuses another person of a crime, knowing that they are innocent, will be punished with imprisonment of 6 months to 2 years, in addition to a fine.
If the false accusation occurs within the context of gender violence, the penalties may be more severe, reaching up to 3 years in prison.
These are the general penalties considered, but within the Spanish judicial system, each case is investigated individually and may result in different outcomes.
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