Service
Gender-based violence: defence and prosecution in Madrid
Defence and representation, taking account of any protection measures in force.
Related cases ↗Read moreSupreme Court case law
A restraining order after abuse without injury
One case of The Criminal Chamber related to criminal services.
Supreme Court · Second Chamber (Penal) · 2018
ECLI:ES:TS:2018:2665
What the Supreme Court considered and decided
The plenary court held that a prohibition on approaching the victim was mandatory following physical abuse without injury against a partner or former partner. It interpreted articles 153 and 57 together.
What this helps explain
The absence of a physical injury alone does not preclude the imposition of a restraining sentence.
Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.
Related services
Service
Restraining orders and defence against breach allegations
The measure should be read as notified.
Related cases ↗Read moreUnderstanding to Decide
Related legal terms
Bodily injuryGender-based violenceHabitual domestic abuseBreach of a sentence or protective measureProtection orderInterim measuresPrivate prosecution by the victimReporting an offenceEvidence taken in advance of trialExemption from giving evidence against a relativeWitness reporting information received from othersAcquittal