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How is a restraining order applied for and how quickly can it be ordered?

Legislation provides security and protection to citizens and for crime prevention purposes, when a crime has been committed. In most cases, it is a matter of violent crimes and cases, where an ex-partner, living or other partner harasses by means of communication or visits, as well as situations where an adult child seeks to blackmail his/her older parents for money or uses violence. A restraining order can also protect a witness of a trial.

A restraining order is applied for from the district court, in writing or orally. A temporary restraining order that is immediately put into force can be ordered by an official with the right to arrest – i.e. A police officer or prosecutor – or the district court.

When applying for the order, the following should be informed:

  • What kind of threat or harassment have you been or are you subject to
  • who do you feel threatened or harassed by
  • your understanding of the continuation of harassment or threat of a crime in the future
  • are there witnesses or evidence

A restraining order application is processed urgently by the district court. When ordering the order, the district court shall always assess the risk of crime or harassment on a case-by-case basis. The statement presented for the case is reviewed, both parties and possible witnesses are heard. Reasons include conditions, personal threat experience and any witnesses’ statements.

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Restraining orders