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Protection and Supervision Measures

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Transcription Protection and Supervision Measures


Typology and Scope of Precautionary Measures

Protective measures are urgent judicial tools designed to stop the immediate risk and avoid criminal reiteration.

The most common include the Prohibition of Approach (perimetral or "perimetral" restriction), which prevents the aggressor from approaching the victim, her home or workplace; Exclusion from the Home, where the aggressor is ordered to leave the shared dwelling immediately so that the victim and children remain in it; and the Prohibition of Communication by any means, including social networks and third parties.

In high-risk scenarios, technology plays a crucial role through the use of dual electronic devices (anklets for the aggressor and tracker for the victim) or panic buttons.

However, for these measures to be legally valid and enforceable, they must be personally notified to the aggressor.

That lapse of time between the issuance of the order and the effective notification is a window of extreme vulnerability where the victim is technically unprotected, so a parallel security plan is required until the measure is in force.

Oversight, Noncompliance and Impunity

A protection order is just a piece of paper if there is no rigorous police and judicial supervision.

Non-compliance with precautionary measures is the norm, not the exception, in aggressors with obsessive, narcissistic or antisocial traits who do not respect authority.

The system must respond with a "Zero Tolerance" criterion: the first breach (a call, a message, showing up on the corner) must have an immediate criminal consequence, usually detention for judicial disobedience.

If the system allows minor breaches without sanction, the aggressor learns that the order is irrelevant and escalates his behavior to physical aggression. The sense of impunity is the fuel for recidivism and femicide.

In addition, bureaucratic barriers, such as requiring a convalescing victim in the hospital to go to the police station to ratify the complaint, revictimize and discourage the pursuit of justice.

Effective supervision implies random police rounds and direct communication channels for the victim to report violations to the measure without administra


protection and supervision measures

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