Protection orders are one of the tools most commonly used by the justice system to protect victims in certain types of crimes. However, many people are not fully aware of how they actually work or what consequences they may have once they are issued by a judge.
In this second part, Lorena Sánchez explains some key aspects that often raise questions, especially when it comes to withdrawing the measure, breaching the order or the consequences when there are children involved.
It cannot simply be withdrawn by the victim
One of the most widespread misconceptions is that the victim can withdraw a protection order whenever they wish. In practice, this is not the case.
Once the measure has been issued by a judge, any modification or withdrawal must also be authorised by the court. This means that the final decision does not depend solely on the victim’s wishes.
The judge will analyse the circumstances of the case and determine whether the measure is still necessary to guarantee the safety of the protected person.
Breaching the order is a criminal offence
Failing to comply with a restraining order or protection order has criminal consequences.
If the person required to keep their distance approaches the victim or violates the restrictions imposed by the judge, they may commit the offence of breaching a court order.
The penalties for this offence may include prison sentences ranging from six months to one year or the imposition of fines, depending on the circumstances of the case.
What happens in cases of repeated violations
When the breach of the order happens more than once, the situation can become more serious.
Repeated violations are considered an aggravating factor that may lead to more severe legal consequences for the person who fails to comply with the court’s decision.
For this reason, respecting the conditions imposed by the judge is essential.
When children are involved
Another important aspect arises when the person under investigation or convicted has children with the victim.
In these cases, the existence of a protection order may lead to the suspension of visitation rights, with the aim of avoiding situations that could place the victim at risk or generate further conflict.
Each situation is analysed individually, always taking into account the best interests of the child and the need to protect the victim.
A measure designed to prevent risks
Protection orders are not only intended to respond to a crime that has already occurred, but also to prevent future risks.
Understanding how these measures work helps explain why the justice system establishes certain limitations and why compliance with them is essential to guarantee the safety of those involved.
