How to Prove a Breach of a Restraining Order
If a restraining order or no-contact order has been breached, the offence of Criminal Contempt (s. 239 CC) may be established under Argentine law, depending on the precise wording and service of the order. Do not allow the breach to become normalised: document the evidence and act promptly.
Swift intervention in Buenos Aires City (CABA) and the Province.
Why Is It Worth Pursuing a Criminal Contempt Charge?
Many victims feel that “making a complaint is pointless.” In practice, repeated breach is an objective indicator of risk: it demonstrates that the respondent does not comply with court-imposed limits. With a private prosecution strategy, that evidence is used to prevent premature closure and to apply for appropriate protective measures.
Once it is established that the order was valid and known to the respondent (by service or proved knowledge), s. 239 CC allows the conduct to be characterised as a criminal offence and for a stronger systemic response to be demanded.
- Panic button / electronic monitoring: can be applied for when a standard order proves insufficient.
- Digital evidence measures: preservation of messages, judicial requests to platforms and digital forensics where appropriate.
- Coercive measures: in serious or repeated cases, and depending on jurisdiction, more intensive measures may be sought to protect the victim and secure the proceedings.
“Digital” Contempt Counts Too
Many respondents believe that sending a WhatsApp message, an email or interacting on social media “does not breach anything.” That is incorrect if the order prohibits contact by any means and has been properly served. Every instance of contact must be documented to sustain protective measures and prevent the case from being minimised.
Key Legal and Evidential Point
For a criminal contempt charge to succeed, it is generally essential to be able to demonstrate: (1) the existence and scope of the order, (2) service on the respondent or proved knowledge of the order, and (3) a verifiable breach (screenshots, witnesses, CCTV, police records).
Evidence Protocol
Before deleting anything, preserve the following. This is the foundation for taking action and avoiding an “insufficient evidence” outcome.
- 1. The Order and Service Keep a copy of the order (restraining order / no-contact prohibition) and any record of service or proved knowledge.
- 2. Full Screenshots Screenshots showing the number or username, date and time. Do not crop the image — full screen is best. Do not delete the original chat.
- 3. Call Records If they call and hang up, capture the call log. If there are voice messages, do not edit or forward them in fragments.
- 4. Witnesses and CCTV If the respondent approached your home or workplace, note who witnessed it (neighbours, security staff). Identify public and private cameras and apply for preservation of footage.
To review criteria and outcomes in comparable cases, consult our Criminal Case Law Library — Private Prosecution (in spanish).
Emergency: if there is an immediate risk, call 911 first.
Prevent the Case from Being Dropped for “Insufficient Evidence”
Many criminal contempt complaints are minimised or dropped if
the evidence is not properly documented.
By acting as a private prosecutor, we drive
applications for protective measures, apply for evidence
preservation and seek judicial review of premature decisions.
From this position, the case can effectively challenge the
defence
mounted by the respondent, who will attempt to downplay what has
occurred.
Frequently Asked Questions
Do Not Wait for the Situation to Escalate
Time works against both your safety and the evidence. If breaches have already occurred, document everything and contact us to define a strategy that prevents impunity and reinforces protective measures.
