1. Criminal measures:

    a. Prison

    b. Restraining order

    c. Prohibition to communicate

    d. Prohibition to return to the scene of crime or the victim's residence

    e. Withdrawal of weapons or other dangerous objects

2. Civil measures:

    a. Award of use and enjoyment of the dwelling

    b. Conditions of custody, visitation, communication with children

    c. Provision of food

    d. Child protection measure to avoid danger or injury

3. Assistance ande protection measures: established in law, both at state or autonomic level.

 

1. The victim

2. Anyone related to the victim in accordance with article 173 of the Criminal Code

3. The Public Prosecution

4. Adopted by the judge ex officio

5. Assistance institutions or bodies, either private or public, which were aware of any crime or misdemeanor as for domestic violence should immediately inform judge or prosecutor on duty in order that the judge may initiate or urge the prosecutor the procedure to implement the protection order. If there was evidence of criminal violence against women in the area referred to in the comprehensive act, it must be communicated to the Judge of Violence against Women (the examining judge on duty acts in these cases only when there are no hearings on process)

 

IMPORTANT.- The civil action must be ordered specifically:

        1. By the victim or her legal representative

        2.By the prosecutor, when there are children who are either minors or disqualified

APPLICATION.- There is an application form approved by the Monitoring Committee which is available to victims in all locations and social services where it can also be handed in. It is an standarised, simple and accessible application form. It has been updated with effect from 1st January 2007.

1. To a Judge

2. To the prosecutor

3. To the security forces - police, civil guard, autonomous or local police. These will carry out the corresponding attestation for the accreditation of the facts

4. In the Offices of attention to victims

5. In the social services or dependent assistance institutions of the public administrations

6. In counseling services within legal bar associations

 

 

The request must be forwarded immediately to the judge on duty or the judge of violence against women, during the hours of hearing if he or she has the corresponding jurisdiction.

In the court on duty, once the request has been received, the judge will call for an urgent hearing to:

1. The victim

2. The applicant if different from the victim

3. The aggressor

4. The prosecutor

• The hearing:

Either it will be held within a maximum of 72 hours.

The declaration will be made separately

• During the hearing, the judge shall take the necessary measures to prevent any confrontation between the perpetrator and the victim, their children and other family members

Once the hearing has been held, the judge will issue THE ORDER, which in case of being grounded, eill agree measures to protect the victim.

 

The MEASURES to be taken by the judge are, among others:

• Criminal mesaures:
      a. Prison
      b. Prohibition of approximation (restraining order)
      c. Prohibition to communicate
      d. Prohibition to return to the scene of crime or the victim's residence
      e. Withdrawal of weapons or other dangerous objects
• Civil measures (they must specifically requested)
      f. Award of use and enjoyment of the dwelling
      g. Conditions regarding parental authority, visits and communication with the children
      h. Provision of food
      i. Protection measures for the minors in order to avoid danger or injury

The civil actions are valid or for 30 DAYS. If within this period family proceedings were initiated at the request of the victim or her legal representative before a judge, the measures taken in the protection order will remain in effect for thirty days following the bringing of the lawsuit. In these 30 days, the civil family judge or the judge of violence against women will confirm, amend or rescind them.

The protection order shall be registered in the Central Register for the protection of victims of domestic violence, where it should be equally stated also if there was no subsequent effect.

The order of protection order is communicated to:

1. The parties, aggressor and the prosecutor

2. The victim

3. Public administrations (point of coordination)

4. The police and security forces

 

The protection order gives the victim:

• A COMPREHENSIVE PROTECTION STATUTE comprising civil and criminal actions as well as assistance and social protection measures established in law. They can be invoked before any authority and public administration.
• It involves the right of the victim to be permanently informed about the legal situation of the offender and prison conditions.

The Royal Decree 355/2004 of March 5th (BOE of 25th March 2004) -repealed by Royal Decree 95/2009, of 6th February- regulated the operation of the Central Registry.

The Royal Decree 513/2005 provides access to the autonomous regions, through points of coordination previosly designated for each of them, to the Central Registry, in order to ensure compliance with protection measures, either temporary or final, agreed by the courts in the area of jurisdiction. Subsequently, Royal Decree 660/2007 of 25th May, has allowed the access of Government delegations and sub-delegations to the necessary information to ensure the effective implementation of protection measures, either temporal or final.

This registry managed by the Ministry of Justice is a computerized database containing national penalties and security measures imposed on convictions for crimes or offences as well as protection measures and precautionary actions agreed in criminal proceedings on grounds of domestic violence.

It provides information to:

• Family and Criminal Courts
• The Public Prosecution
• Judicial Police
• Autonomous regions
• The Government delegations and subdelagations

In order to:

• Process the criminal and civil cases
• Take, modify, implement and monitor protection and assistance measures

The query of information can be made:
    a. Through data reported by the defendant or the victim
    b. Through data from the proceedings