Legally reviewed on 11 October 2026
By Javier Sanz, lawyer, ICALI 8620
A protection order in Spain can bring together criminal, civil and welfare measures in a single judicial decision. It is not granted automatically when a complaint is filed. The court must find sufficiently grounded indications of an offence and an objective risk that makes protective measures necessary.
There is an important language point for international residents. Under Spanish law, violencia de género has a narrower meaning than “domestic violence”: it generally refers to violence by a man against a woman who is or was his wife or intimate partner, even if they never lived together. Article 544 ter of the Criminal Procedure Act also provides protection for certain other family relationships. The facts and relationship determine the correct legal route.
What is a Spanish protection order?
An orden de protección is a court order intended to provide coordinated protection. It may contain criminal precautionary measures to address risk, urgent civil measures concerning the home or children, and access to social assistance. Each part has its own requirements and duration. Two protection orders may therefore contain different measures.
The core rules appear in Articles 544 bis and 544 ter of the Spanish Criminal Procedure Act and Articles 61 to 69 of Organic Law 1/2004. A criminal complaint and a protection order are not the same thing. A complaint reports conduct that may amount to an offence; an order requires a judicial assessment of risk and of the measures that are necessary and proportionate.
Who can apply and where?
The court may act on its own initiative or following an application by the victim, certain relatives or the Public Prosecutor. An application may be made to the court or prosecutor, the National Police, the Guardia Civil, a victim assistance office, or an authorised social or welfare service. If it is submitted outside the court, it must be forwarded promptly to the competent judicial authority.
In Valencia, call 112 if there is immediate danger. The 016 service provides information, legal guidance and immediate psychosocial support, but it does not replace the emergency services. An application should explain relevant incidents, threats, access to weapons, children, a shared home and any fact that may help assess present risk. Existing messages, medical records, photographs or witness details may be useful, but nobody should put themselves in danger to collect evidence.
What happens at the urgent hearing?
After receiving the application, the court summons the victim or legal representative, the applicant, the person under investigation with a lawyer where applicable, and the Public Prosecutor. The hearing must take place as soon as possible and no later than 72 hours after the application was submitted. This 72-hour rule concerns the hearing on the application. It is not the duration of the order and does not mean the criminal case will finish within three days.
The court must avoid direct confrontation and hear the victim and alleged offender separately. It then issues a reasoned order, known as an auto, granting or refusing protection and, if granted, setting out the measures, their duration and how they must be followed. Refusal does not by itself establish that the reported events did not happen. It means the court did not find the legal conditions for that interim order on the material then available.
Which criminal measures can be included?
Depending on the risk, the order may prohibit approaching the protected person, their home, workplace or other locations. It may ban communication by telephone, messaging apps, social media or through other people; require the investigated person to leave a shared home; prohibit residence in or entry to specified places; or impose another precautionary measure allowed by procedural law. The exact distance, places, communication channels and dates must be checked in the individual order.
The parties cannot privately suspend or rewrite these restrictions. If circumstances change, an application should be made to the court. Deliberately breaching a judicial prohibition may itself be an offence under Article 468 of the Spanish Criminal Code, even if the protected person agreed to or initiated contact. After accidental contact, the safest general course is to move away and inform the lawyer or competent authority rather than continue the interaction.
Which civil measures can be made?
Where appropriate, the order can temporarily allocate use of the family home and regulate parental responsibility, day-to-day care, maintenance and contact with children. Where there are sufficiently grounded indications that children witnessed, suffered or lived with the violence and criminal measures are imposed, Spanish law provides for suspension of contact. A court may exceptionally decide otherwise by a reasoned decision based on the child’s best interests and an assessment of the parent-child relationship.
These are urgent, temporary decisions rather than a final family judgment. Questions about custody, housing and maintenance may also require coordinated advice from a Spanish family lawyer.
How long does a protection order last?
There is no single fixed duration for the entire order. The court states how long the criminal measures will remain effective. They may be reviewed during the proceedings and may later be replaced by prohibitions in a sentence. Civil measures within the order initially last 30 days. If the victim or representative starts the relevant family proceedings within that period, those measures continue for a further 30 days from filing, during which the competent civil court must confirm, change or discharge them.
The order is served on the parties and communicated to the public bodies responsible for protection and assistance. Spain’s Victims’ Statute also provides rights to information, support, protection and participation throughout the process.
What should you do after the decision?
- Keep an accessible copy and check every distance, location, restriction and date.
- Give the police a safe contact number and report relevant changes in address or risk.
- Do not reply to attempted contact where communication is prohibited; preserve the record.
- Obtain coordinated criminal and family advice about children, housing and practical handovers.
- Ask the court for clarification if any part of the wording is genuinely unclear.
Those seeking protection can read about legal support for women affected by gender-based violence. A person made subject to an order should obtain prompt advice on compliance, review and any appeal; see the guidance on defence after an allegation.
Legal advice in Valencia
An urgent application requires a clear chronology, a careful account of present risk and measures suited to the family situation. If you need help preparing a hearing or understanding an order already served, you can contact the firm.
This is general information and does not replace legal advice on your individual circumstances.