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.