Victim Protection Order
Processing and measures to be adopted
The Protection Order is a legal instrument that aims to protect victims of domestic and/or gender violence, against all types of aggression.
What is the Order of Protection?
The Protection Order is a judicial resolution; In cases where there are well-founded indications of the commission of crimes or misdemeanors of domestic or gender violence and there is an objective situation of risk for the victim, this judicial resolution can be issued, in which the protection of the victim is ordered through the adoption of civil and/or criminal precautionary measures, in addition to the activation of the corresponding assistance and social protection measures.
What type of violent behavior can be requested?
The Protection Order may be requested, as long as we are faced with violent behaviors or attitudes that may constitute crimes and misdemeanors of domestic or gender violence.
The Order of Protection may be requested:
* Before the Judicial Authority
* Before the Public Prosecutor
* Before the Security Forces and Bodies (national, regional or local police, Civil Guard...)
* In the Victim Assistance Offices
* In Social Services or assistance institutions dependent on Public Administrations
* In the Legal Orientation Services of the Bar Associations
Procedures to follow once the Protection Order is requested
The authority or service to which the application has been submitted must proceed to send it immediate to the competent Judge, who may be the Judge on Duty or the Judge for Violence against Women; once he receives it, he will summon a urgent hearing that must be held within a maximum period of 72 hours, the victim, the applicant for the Order if different from the victim, the alleged aggressor and the Prosecutor.
During the hearing, the Judge will adopt the appropriate measures to avoid confrontation between the alleged aggressor and the victim, their children and the remaining members of the family; declaration in this hearing is carried out by separated.
Once the hearing is held, the Judge will issue a judicial resolution called car, in which, if estimative, they will remember protection measures to the victim that the Prosecutor, the accused, the victim and the Public Administrations will be notified, who must adopt the appropriate measures.
Once the Protection Order has been agreed, the Coordination Point of the Protection Orders of the Community of Madrid (General Directorate for Women) so that the assistance measures necessary with all the resources available in the region.