If it is an emergency, the police impose, at their own discretion, a restraining order to protect the victim and prevent further violence. A local social work centre will be notified of such a measure. If the perpetrator is instructed to stay away from the educational institution attended by a child or minor victim, the police will notify that institution of the duration of the order and provide it with information on the child's or minor's protection.

  

Good to know

The imposition of a restraining order is based on an independent decision taken by a particular police officer dealing with a particular domestic violence case; the police do not accept requests for restraining orders.

 

A police officer imposes a restraining order orally first and then issues an order in writing within six hours. The first order is valid for 48 hours. The legitimacy of a restraining order is automatically checked by an investigating judge (court), who issues a special decision thereon. If he affirms the order imposed by the police, he usually extends its validity to 10 days (from the day the restraining order was given orally by the police officer). 

quick exit

The victim may, by no later than three days before the expiry of the restraining order, propose to the same court or judge to extend the measure. The victim should prove he/she is still under threat (document all statements, text messages, letters, violations of restraining order, etc.). The court may extend the measure to 60 days.

A restraining order issued by the police also determines the distance to the victim's place that the perpetrator must not exceed (200 metres maximum). The victim's place is considered the place where the victim lives, works, studies, is under protection or moves about on a daily basis.

The restraining order also includes a prohibition of molestation through means of communication. The perpetrator against whom a restraining order has been issued must immediately leave the residence which he shares with the victim and hand over the key to a police officer. If he violates the order, the police officer will remove him from the place.

The police may at any time verify the compliance with the restraining order. A fine of between EUR 300 and EUR 800 is imposed for any violation of the order. The perpetrator who, despite the fine imposed, repeatedly violates the restraining order may be detained by the police for up to 12 hours. 

 

Protective measures determined by court

According to the Domestic Violence Prevention Act, a victim of violence may propose to the court to employ protective measures (including a restraining order). Such measures may be introduced for up to twelve months and may be extended for another twelve months. You may want to use this option, since motions for protective measures are dealt with by courts as a matter of priority.

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