Yes. Protection measures can be dictated as "precautionary measures" from the complaint or demand and throughout the procedure, or as "accessory measures" in the final judgment of the domestic violence procedure. Family courts can issue them when they know of facts constituting domestic violence that are not crimes or criminal courts can issue them when they know of crimes that also constitute domestic violence.

When there is imminent risk of one or more persons suffering violence that may constitute domestic abuse, even if it has not been carried out, the court, with the sole merit of a complaint, must adopt protection or precautionary measures (Article 7 of the LVI). The court will presume imminent risk in the following circumstances:

1. The offender has intimidated the potential victim with damages.
2. There are circumstances or a background such as drug addiction, alcoholism, or one or more prior complaints of domestic violence.
3. There is a prior conviction for domestic violence, pending proceedings or previous convictions for crimes against people.
4. A psychiatric or psychological background denotes characteristics of a violent personality.
5. The defendant violently opposes or refuses to accept the end of an emotional relationship he/she has recently had with the victim.

Anyone can file a complaint for themselves or for minors and senior citizens under their care. Third parties who witness acts of domestic violence or instances of imminent danger of domestic violence may file the corresponding complaint. In such instances, the judge, if the petition is credible, must issue the precautionary order ex officio.

There are people who are forced to report acts of domestic violence (Article 175 of the CPP in relation to Article 84 of the LTF) as follows:

• members of the police and gendarmerie regarding all acts of domestic violence they witness or have knowledge of
• members of the armed forces regarding the facts of which they become aware in the exercise of their functions
• prosecutors and other public employees regarding the facts of which they become aware in the exercise of their functions
• heads of ports and airports or of train or bus stations, ship captains or commercial aircraft and drivers of trains and any other means of transport regarding the facts taking place during the trip or in the enclosure, station or edge of their ship or aircraft
• heads of hospital establishments or private clinics and, in general, all professionals in medicine, dentistry, chemistry, pharmacy and other fields related to the conservation or recovery of health and those who exercise auxiliary benefits of them who notice in a person or on their body signs of domestic violence

The provisional alimony or child support, as applicable, is expressly contemplated within the precautionary measures that the judge can issue following the demand or complaint and during the procedure for domestic violence.

Likewise, according to Article 9 of the LVI, in the final judgment, the judge will determine definitive alimony and/or child support to be paid, and the personal care and a system to ensure the direct and regular relationship of the children, if any, and any other family matter submitted for their knowledge by the parties.

Yes, according to Article 22 of the LTF, during or before the procedure begins, the judge ex officio or at the request of a party may order precautionary measures. In doing so, the judge will take into account the likelihood of the right invoked and the danger of the delay.

According to Article 82 of the LTF, demands or complaints in relation to acts of domestic violence may be filed by the victim, his/her ascendants, descendants, guardians or persons taking care of him/her. In addition, they can be filed by anyone who has direct knowledge of the facts. However, if the victim themselves files the complaint, they will be granted the status of a party in the process.

Once a process is initiated, the judge must adopt all necessary measures to carry it out as quickly as possible. This principle must especially be taken into account regarding measures aimed at the protection of minors and victims of domestic violence (Article 13 of the LTF).

According to Article 9 of the LVI, in the judgment issued by the court for domestic violence, the judge must apply one or more of the following protective measures:

• obligating the offender to leave the home he/she shares with the victim
• prohibiting approaching the victim or his/her home, place of work or study, as well as any other place he/she regularly attends or visits; if both work or study in the same place, the employer or director of the establishment of studies will be expected to adopt the necessary protective measures
• prohibiting bearing or possessing weapons and, when appropriate, confiscating the firearms held by the offender
• compulsory attendance of therapeutic or family counseling programs
• obligating regularly attending the police unit determined by the judge

Yes. According to Article 92 of the LTF, the family judge must provide protection to the victim and family group. In connection with this, one or more of the following precautionary measures may be taken:

1. prohibiting the offender from approaching the victim and forbidding or restricting the presence of the offender in the common household, place of study or work of the victim, as well as any other place where the victim remains, attends or visits habitually; if both the victim and the offender work or study in the same place, the employer or director of the establishment will be expected to adopt the necessary protective measures
2. ensuring the material delivery of the victim's personal effects when he/she chooses not to return to the common home
3. granting provisional alimony and child support
4. establishing a provisional regime for the personal care of children and teenagers and the way to maintain a direct and regular relationship between parents and their children
5. decreeing the prohibition of celebrating acts and contracts
6. forbidding carrying and possessing firearms, ammunition and cartridges, arranging their retention and forbidding their acquisition or storage
7. decreeing the confidentiality of a third complainant's identity
8. establishing protective measures for older or disabled persons

Likewise, the judge may decree the measures contemplated in Article 71 of the LTF to protect children and teenagers, as follows:

1. immediately delivering them to parents or caregivers
2. entrusting them to the care of a person or family in urgent cases
3. providing access to a family program or diagnostic center
4. providing the access of the child or teenager, their parents or persons who are caring for them to programs or actions of support, reparation or orientation, to face and overcome the crises in which they could find themselves
5. suspending the right of one or more persons determined to maintain direct or regular relations with the child or teenager
6. forbidding or restraining the presence of the offender in the common home
7. forbidding or restraining the presence of the offender to the place of study of the child or teenager, as well as any other place where he/she remains, visits or regularly attends; should the child or teenager and offender attend the same educational center, the judge will dictate the specific measures to ensure their rights
8. ordering hospitalization in a hospital, psychiatric or specialized treatment center

In accordance with Article 9 of the LVI, in the judgment issued by the court for domestic violence, the judge must apply one or more of the following protective measures:

1. obligating the offender to leave the home he/she shares with the victim
2. prohibiting approaching the victim or his/her home, place of work or study, as well as any other place to which he/she regularly attends or visit; if both work or study in the same place, the employer or director of the establishment of studies will be expected to adopt the necessary protective measures
3. prohibiting bearing or possessing weapons and, when appropriate, confiscating the firearms held by the offender
4. compulsory attendance of therapeutic or family counseling programs
5. obligating regularly attending the police unit determined by the judge

Yes. Once the claim, complaint or requirement for processing is admitted, the judge will proceed ex officio or at the request of the party to decree the appropriate precautionary measures, including granting provisional alimony or child support when appropriate. After that, they will summon the parties to the corresponding audience.

The precautionary measures, issued before or during the judicial process, may be ordered for a period not exceeding 180 business days. The measures can be renewed for a further period of 180 business days and may be extended, limited, modified, replaced or terminated, ex officio or at the request of a party, at any time during the trial (Article 92 of the LTF).

According to Article 82 of the LTF, the procedure can be initiated by demand or complaint. The complaint must set out the court before which it is filed; it must identify the plaintiff, the victim and the persons that make up the family group; and it must set out the facts and identify who committed or who could have committed the wrongful act, if this is known (Article 86 of the LTF).

Where a third party initiates a complaint or demand, before the preparatory hearing is completed, the judge may inform the victim of the complaint by the most suitable, direct and safe means. The judge may collect the testimony of the complainant before the preparatory hearing.

Once the judge has received the claim or complaint, the judge will summon a preparatory hearing, which must be held within 10 days.

The procedure is essentially oral, so the victim must attend the hearings; however, the judge can dictate the precautionary measures before the preparatory hearing.

In accordance with Article 11 of the LVI, the judge will determine damages in domestic violence cases prudentially. In more detail, the judge will issue a sentence that will establish the obligation of the convicted person to pay the victim disbursements and damages. These damages may include replacing in money damaged, destroyed or lost property.

In accordance with Article 24 of the CP, any conviction in criminal matters involves the obligation to pay the costs, damages and losses of the parties, accomplices, cover-ups and other legally responsible persons.

As well as other precautionary measures, protection orders may be decreed for a period not exceeding 180 business days, which are only renewable once for the same period and may be extended, limited, modified, replaced or terminated, ex officio or at the request of a party, at any time during the trial (Article 92 of the LTF).

Yes, the protection of precautionary measures can be requested when there is an imminent risk without the need to verify an act of domestic violence.

Family judges must act under the principle of an ex officio action in terms of protection measures and in giving progressive progress to the procedure.

The judges will appreciate the test according to the rules of sound criticism, not being able to contradict the principles of logic, the maxims of experience and scientifically entrenched knowledge.

In accordance with Article 11 of the LVI, the judge will determine damages in domestic violence cases prudentially. In more detail, the judge will issue a sentence that will establish the obligation of the convicted person to pay the victim disbursements and damages. These damages may include replacing in money damaged, destroyed or lost property.

No. Compensation may be requested within the same procedure.

When being called for a case of domestic violence, police officers must remove the weapons found in the home to which they have attended.

The prohibition of carrying or having weapons is one of the precautionary measures that the court has at its disposal throughout the procedure of domestic violence complaints.