Restraining order for non-payment of alimony in Spain: Judiciary says it is 'disproportionate' but mandatory
핵심 요약
- 1. The new child protection law in Spain has made it possible to impose restraining orders for domestic crimes, including the failure to pay alimony.
- 2. Under the law, parents who fail to pay child support automatically face the risk of receiving a restraining order.
- 3. Even though the Vigo Court finds this penalty disproportionate, it was forced to apply it due to the amended provisions of the law.
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The law protecting children against violence, which came into effect in Spain, has introduced a new sanction for the crime of non-payment of alimony, which is classified under domestic crimes. In this context, it has become mandatory to issue restraining orders against individuals who fail to pay child support, keeping them away from the victims.
Although the Vigo Court considers this penalty, applied following the act, to be disproportionate to the crime, it had to fulfill the requirement of the law. In prosecutors' indictments and judges' rulings, non-payment of alimony offenders have started to receive restraining orders from victims in addition to prison or fines.
This type of crime is a very common case encountered in courtrooms. While individuals who fail to pay alimony are always obliged to pay compensation in addition to their basic sentences, with the new law, a restraining order now accompanies this situation.
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- Q: What kind of penalty is given to those who do not pay alimony with this new law?
- A: In addition to prison sentences or fines, individuals who fail to pay child support have started to receive restraining orders to stay away from the victims.
- Q: What do the courts think about this new penalty practice?
- A: Some judicial bodies, such as the Vigo Court, consider this penalty to be disproportionate, especially in cases like non-payment of alimony; however, they are obliged to enforce the law.
- Q: What is the law that introduced this rule?
- A: This situation was brought about by an amendment to the relevant Organic Law of Spain, which covers domestic crimes and aims to comprehensively protect children and adolescents against violence.