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WE ARE CREATING A VIOLENCE-FREE SOCIETY
EVERYONE HAS THE RIGHT TO SAFETY AND HUMAN DIGNITY
ISSUING
A
RESTRAINING
ORDER
PROHIBITING
A
PERSON FROM APPROACHING A PARTICULAR PLACE
OR PERSON
If the police intervened when your partner or another person’s behaviour was endangering
you, and if due to the threat, the police issued a restraining order prohibiting this person from
approaching you or a particular place, you will find basic information in this brochure on the
measures taken and what you can do.
WHAT IS A RESTRAINING ORDER PROHIBITING A PERSON FROM
APPROACHING A PARTICULAR PLACE OR PERSON?
The police take this measure when there is a reasonable suspicion that a person has committed
a criminal or minor offence involving violence, or if a person has been apprehended in the act
of committing such an offence and there are reasons to suspect that this person is about to
endanger the life, personal safety or freedom of a person with whom s/he is or was in a close
relationship.
WHAT IS UNDERSTOOD AS A PARTICULAR PLACE TO WHICH THE
RESTRAINING ORDER APPLIES?
These are places where the victim lives, works, is being educated, is in care, or which the
person frequents on a daily basis.
The restraining order also prohibits harassment through any means of communication.
HOW
IS
A
RESTRAINING
ORDER
PROHIBITING
A
PERSON
FROM
APPROACHING A PARTICULAR PLACE OR PERSON ISSUED?
 A police officer issues a verbal restraining order in situ prohibiting the offender from
approaching a particular place or person. The offender has then to be served with a
written order within six hours.
 The police officer also defines the area that the offender is not allowed to approach
(minimum 50 and maximum 200 metres).
 The offender is obliged to leave the restricted area immediately. Before leaving, the
offender under police supervision is permitted to take their personal documents,
financial documents and means of payment and personal belongings (shoes, clothes,
personal items and personal hygiene items).
 The offender is also obliged to hand over to the police officer the keys of the residence
where the offender resides with the victim.
 If the offender does not comply with the order, the police officer immediately removes
them.
 After issuing the order, the police immediately notify the competent local social work
centre, which must inform the victim about organisations available for material and
other assistance. The centre is obliged to make contact with such organisations at the
victim’s request.
WHAT IS THE DURATION OF A RESTRAINING ORDER PROHIBITING A
PERSON FROM APPROACHING A PARTICULAR PLACE OT PERSON?
The police can issue the order for 48 hours. An investigating judge must confirm the order
within 24 hours, and can extend it for up to ten days. At the victim’s request, the investigating
judge can extend the order for up to 60 days.
In the application for an extension of the measure, the victim must provide reasons for their
request:
 The victim does not feel safe due to the offender’s behaviour and must provide reasons
for their apprehension (violation of the order, seeking contact with the victim or the
victim’s children, threats, bad experiences in the past etc).
 When writing the application for the extension of the measure, the victim can seek
help from the social work centre and acquire evidence from the police on violations,
which can be attached to the application.
WHAT HAPPENS IF THE OFFENDER VIOLATES THE RESTRAINING ORDER?
 The police monitor compliance with the restraining order.
 If the offender is found in the area to which the restraining order applies, the police
immediately remove the offender from that area.
 If the offender continues to violate the restraining order, the police immediately begin
a procedure against the offender at the competent minor offence authority, which can
issue a fine for the offence of a minimum of EUR 416.
WHAT TYPES OF ASSISTANCE ARE PROVIDED BY SOCIAL WORK CENTRES
OR OTHER SERVICES TO THE VICTIM, OFFENDER OR OTHERS INVOLVED?
 Immediately after the order is issued, the social work centre contacts the victim, and as
part of the first social assistance, informs them of the types of assistance available in
cases of personal distress.
 If the victim is under 18 years of age, and was living alone with the offender when the
restraining order was issued, or has no other adult to provide protection, then the
social work centre ensures the safety and protection of the minor.
 The social work centre will contact the offender and inform them of the services
available for assistance and the elimination of the causes of the offender’s behaviour.
Important numbers:
113 Police
112 National Notification Centre
Tel. No. of the social work centre you are in contact with