When a complaint is filed, many people automatically assume that a restraining order will be issued. However, this is not always the case. The adoption of a protection order depends on a specific judicial assessment and on the existence of certain legal requirements.
In one of the videos published by Estradé Law Firm, Lorena explains what restraining orders are, in which situations they can be requested and what their real purpose is within the justice system.
What is a restraining order
Restraining orders, also known as protection orders, are measures intended to guarantee the safety of a victim against the person under investigation or already convicted.
They can be adopted as precautionary measures during the judicial process or as part of a sentence imposed by a court decision.
These orders establish a prohibition preventing a person from approaching the victim or certain spaces connected to them, such as their home, workplace or family environment.
The main objective is to avoid any situation that could put the victim’s safety or peace of mind at risk.
In which cases can it be requested
Not every complaint automatically leads to a restraining order. The law provides for their application mainly in certain types of offences.
These include crimes against life, crimes against physical or moral integrity, sexual offences and crimes affecting a person’s freedom or security.
In such cases, a judge may consider it necessary to adopt protective measures to prevent further incidents or avoid situations of risk.
How a protection order is requested
The request for a restraining order usually begins with the filing of a complaint. However, the complaint alone is not enough.
It is necessary to provide evidence or indications that allow the judge to assess the existence of an aggression or a situation that justifies the adoption of this measure.
After analysing the facts and the evidence presented, the judge decides whether issuing the protection order is appropriate.
Who decides and how long it lasts
The decision to grant or deny a restraining order always belongs to a judge. The judicial authority determines whether sufficient grounds exist to adopt the measure.
If it is granted, the judge also establishes the duration of the order, taking into account the specific circumstances of the case and the need to protect the victim.
A measure intended to protect, not to punish
Restraining orders are not designed solely to punish a behaviour, but to prevent risks and protect the victim.
For this reason, they are part of the tools the judicial system uses to guarantee people’s safety and to prevent situations of violence or intimidation from being repeated.
Understanding when they can be requested and how they work helps clarify the role these measures play within criminal proceedings.
