Short answer
Law No. 6284 provides protective and preventive measures for people experiencing violence or facing a risk of violence. A removal or non-approach order is one possible measure, not a synonym for every form of protection. A divorce action or criminal conviction is not a prerequisite. In immediate danger, call 112.
Protective and preventive measures
Protective measures address the protected person’s safety and support needs. Preventive measures impose obligations on the person using or threatening violence. Articles 3 and 4 must be distinguished from Article 5, which includes judicial measures such as removal from the home, non-approach and restrictions on disturbing communications.
Read the actual order to identify protected persons, places and prohibited conduct. Police, gendarmerie, prosecutors, family courts and administrative authorities have different roles depending on the requested measure. Violence Prevention and Monitoring Centres can provide support and referral.
Is evidence required?
Article 8(3) states that evidence or documentation of violence is not required for a protective measure. It also requires preventive measures to be issued without delay that would jeopardise the law’s purpose. These rules should not be collapsed into an identical statement about every type of order.
Existing messages, medical records, police reports and witness details may be submitted. Seeking help should not be delayed to obtain a report or await another incident. Do not confront the other person to collect evidence.
Are applications free?
Article 20 exempts the covered applications and implementation procedures from fees, postage and similar expenses. This is different from the fee arrangement with a privately retained lawyer. Where eligible, bar association legal aid may be considered; this does not promise every private service free of charge.
Duration and notification
Under Article 8(2), an initial measure may last up to six months. Continued risk can lead to continuation, modification or lifting according to the legal conditions. Six months is not an absolute lifetime limit on protection.
Article 8(7) states that lack of pronouncement or service does not prevent implementation. Notification, warning and procedural safeguards relevant to coercive detention are a separate question. Do not delay urgent protection because service may be outstanding.
What if the order is breached?
The legal basis for coercive detention is Article 13, not Article 6. The judge assesses the measure and seriousness of the breach. Conduct may also constitute a separate criminal offence, but every breach does not automatically fall under the same Penal Code provision.
Report the incident and provide available order details and safe records. An extension or additional measure requires separate consideration; a breach does not automatically extend the order. This is general information, not a determination of an individual application.
