In domestic violence cases, the police are obliged to intervene and ensure the protection of a victim from further danger. The police are the first to respond to domestic violence and they have the right under the Police Tasks and Powers Act to issue a restraining order to remove and ban the perpetrator from his/her residence.
The restraining order is imposed verbally by a police officer, followed by a written order within six hours - the first restraining order is valid for a total of 48 hours. The lawfulness and correctness of the measure is automatically checked by the investigating judge (court), who issues a separate decision. If the police confirm the measure, they will normally extend its validity to a total of 15 days (from the time of the first oral prohibition by the police officer).
The Police Tasks and Powers Act entitles the police to effectively intervene in domestic violence emergencies and to issue a restraining order to protect victims and their children from the dangers posed by the abuser.
A restraining order may include an obligation for a perpetrator to leave common housing and a ban on approaching the victim and her/his house and contacting her/him with any means of communication, including the use of third parties to transfer a message to the victim. A police restraining order is in effect for up to fifteen days, but during this period the court can issue measures for providing safety to victims which shall provide for the protection of the victim for a prolonged time period, namely, as long as the protection is essential.
Police restraining order & Human rights
The police have both the right and the obligation to issue a decision on separation and to protect a victim and her/his children. If police fail to correctly assess the situation of domestic violence (for example, the specific nature of the domestic violence, a previous history of records on abuse) and, therefore, refuse to issue a decision on separation, it may result in a violation of the right to life, the prohibition of inhumane or degrading treatment and the right to private and family life.
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – police) fails to effectively respond and provide protection to the victims of domestic violence in cases of immediate threats to their lives, freedom or health, it may result in a violation of the prohibition of discrimination in conjunction with a violation of the right to life and/or the prohibition of inhumane or degrading treatment, and the right to private and family life.
About this section
This section of the Guide will explain legal and practical procedures in cases where a victim has the right to demand that the police issue a restraining order. Namely, how to recognize immediate threats to a victim’s life, health, liberty and security and what the procedures are to issue a restraining order.