No one needs to fear harassment, intimidation, or violence. In the event of damage to health, personal injury, invasion of privacy, or violation of other personal rights, everyone has the right to apply for a restraining order in their defence.
The court can impose a restraining order in both criminal and civil proceedings
- In criminal proceedings, the prosecutor may, with the consent of the victim, apply to the court for a temporary restraining order for the duration of the proceedings.
- In cases needing urgent intervention, the prosecutor can impose a temporary restraining order by an order and regardless of the consent of the victim. A restraining order imposed by an order of the prosecutor’s office must be approved by a court, taking into account the consent of the victim.
- With a criminal conviction, the court can impose a restraining order for up to three years.
- A temporary restraining order imposed in criminal proceedings and a restraining order imposed by a conviction can be applied with electronic surveillance.
- In civil proceedings, the court can impose a restraining order at the request of a person in need of protection for up to three years.
- For the protection of a restraining order imposed by a court in criminal proceedings to apply in another Member State of the European Union, the victim can apply to the court of their place of residence for a European Protection Order Certificate.
The following can be prohibited with a restraining order
- Communicating with people in need of protection. For example, communication over the telephone, social media, and other means may be prohibited or restricted.
- Approaching people in need of protection.
- Staying in and approaching places designated by the court. If the recipient of the prohibition and the person in need of protection share a common home, the court may also need to establish the conditions for the use of the home.
Violation of the restraining order is punishable
- If a person repeatedly violates the restraining order imposed on them in criminal or civil court proceedings or thereby endangers the life, health, or property of the person protected by the restraining order, the court may impose a fine or up to one year of imprisonment.
Last updated: 08.10.2021