Service
Restraining orders and defence against breach allegations
The measure should be read as notified.
Related cases ↗Read moreSupreme Court case law
A chance encounter under a restraining order
One case of The Criminal Chamber related to criminal services.
Supreme Court · Second Chamber (Penal) · 2024
ECLI:ES:TS:2024:3075
What the Supreme Court considered and decided
The court held that a person prohibited from approaching someone must leave after noticing a chance encounter. The restriction applies to the recipient of the order, not to the protected person.
What this helps explain
The initially fortuitous character of the encounter does not allow to remain once the coincidence is known.
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
Gender-based violence: defence and prosecution in Madrid
Defence and representation, taking account of any protection measures in force.
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