Victims of gender violence

What does it consist of?

The protection order is a legal instrument designed to protect victims of domestic and/or gender violence against all types of aggression. For this, the protection order concentrates in a single and immediate judicial resolution (an order) the adoption of protection and security measures of a criminal and civil nature, and at the same time activates the assistance and social protection mechanisms established in favor of of the victim by the State, the Autonomous Communities and the Local Corporations.

In what assumptions is it dictated?

In cases in which, when there are well-founded indications of the commission of a crime or misdemeanor against the life, physical or moral integrity, sexual freedom, freedom or safety of a woman (by a man who is or has been her spouse or who is or has been linked to her by similar affective relationships, even without living together), it results in an objective situation of risk for the victim that requires the adoption of some measure of protection.

Who can request it?

• The victim of acts of physical or psychological violence by whoever is or has been her spouse or whoever is or has been linked to her by similar affective relationships, even without living together.
• The descendants of the victim, their ascendants or siblings by nature, adoption or affinity, their own or that of their spouse or partner, minors or incapacitated persons who live with the victim or who are subject to the power, guardianship, conservatorship, foster care or guardianship of done.
• The Fiscal Ministry.
• The judicial body can agree on it ex officio.
• Public or private assistance entities or organizations that are aware of the existence of any of the crimes or misdemeanors of gender violence must immediately inform the Judge of Violence against Women or, where appropriate, the Judge/ to the Investigation Office in guard functions, or the Public Prosecutor’s Office so that the Judge can initiate or the Public Prosecutor’s Office can initiate the procedure for the adoption of the protection order.

How is it requested?

Through a standardized and unique form available at Police Stations, Civil Guard posts, Autonomous and Local Police units, criminal and civil judicial bodies, prosecutors, Victim Assistance Offices, Legal Guidance Services of Bar Associations, social services or municipal, regional or state assistance institutions.

The form can also be obtained through the Internet: among others, the website of the Ministry of Equality, the website of the General Council of the Judiciary.

Where is the application submitted?

• In the Court.
• In the Prosecutor’s Office.
• In the Police Stations, the Civil Guard posts, the Autonomous and Local Police units.
• In the Victim Assistance Offices.
• In social services or assistance institutions dependent on Public Administrations.
• In the Legal Orientation Services of the Bar Associations.

Once the request is received, it will be forwarded immediately to the Judge for Violence against Women or, where appropriate, to the Duty Judge.

What is the procedure?

Once the request is received, the Violence Against Women Judge or, where appropriate, the Judge on Duty, will convene an urgent hearing for the victim or her legal representative, the applicant for the order of protection if it is different from the victim, to the aggressor assisted by a lawyer and to the Public Prosecutor.

The hearing must be convened within a maximum period of 72 hours from the filing of the request.

During the hearing, the evidence that is necessary to prove the situation of gender violence and the possible danger to the victim may be practiced. The Judge will adopt the appropriate measures to avoid confrontation between the aggressor and the victim, her children and the other members of the family.

Once the hearing has been held, the Judge will resolve by means of an order what is appropriate regarding the request for the protection order, adopting the criminal and civil measures that he deems appropriate.

The protection order will be notified to the parties (aggressor and Prosecutor), and communicated by the Judge immediately to the victim and to the competent Public Administrations for the adoption of protection measures, be they security or social assistance, legal, health, psychological, etc. For these purposes, the protection order will be sent to the Coordination Points of the Autonomous Communities.

After the adoption of the protection order, the victim must be permanently informed about the procedural situation of the accused, as well as about the scope and validity of the precautionary measures adopted. In particular, the victim will be informed at all times of the prison situation of the aggressor. For these purposes, the prison administration will be notified of the protection order.

Likewise, the protection order will be registered in the Central Registry for the Protection of Victims of Domestic Violence.

What measures does it establish?

Penal measures:

• Deprivation of liberty (provisional prison).
• Approach ban.
• Residency ban.
• Prohibición de comunicación.
• Removal of weapons or other dangerous objects.

Civil Measures:

• Attribution of the use and enjoyment of the family home.
• Determine the system of custody, visits, communication and stay with the children.
• Food provision regime.
• Any measure to protect the minor to avoid danger or harm.

The measures of a civil nature must be requested by the victim or his legal representative, or by the Public Prosecutor’s Office when there are minor or incapacitated children.

The measures of a civil nature will have a temporary validity of 30 days. If within this period a family proceeding is initiated at the request of the victim or his legal representative before the civil jurisdiction, the measures adopted will remain in force for 30 days following the filing of the claim. In this term, the measures must be ratified, modified or left without effect by the Judge of First Instance or the Judge of Violence against Women that is competent.

Assistance and social protection measures:

The protection order confers on the victim a comprehensive protection status that constitutes an enabling title to access the assistance and social protection measures established by the legal system, either by the State, the Autonomous Communities and the Local Corporations:

• Active Insertion Income, which includes assistance in the event of a change of residence, managed by the Public Employment Services.
• Economic aid of article 27 of Organic Law 1/2004, of December 28, on Comprehensive Protection Measures against Gender Violence, managed by the corresponding bodies of the Autonomous Communities.
• Access to protected housing and public residences for the elderly.
• Labor and Social Security rights.
• Application for residence authorization due to exceptional circumstances, which will only be granted when the conviction is handed down, and application for independent residence authorization for regrouped relatives.