Restraining order
A restraining order is a court order that prohibits a person from contacting or approaching another person. It is designed to provide protection and ensure the safety of a person who feels threatened or harassed.
Violation of the restraining order should be reported, and the issue can be dealt with in court later. Violation of the ban can be punished.
If the perpetrator has been issued a restraining order and violates it, it is important to report the violations to the police. It is also important that the victim himself avoids contact with the offender. Remember that the restraining order applies to both the perpetrator and the person it is meant to protect. Staying with the perpetrator makes the restraining order seem unjustified and may weaken the protection provided by the order.
A restraining order can be applied for by a person who has a justified reason to feel threatened or the subject of serious harassment. In addition, if the threatened person is too scared or unable to apply for an order, the public prosecutor's office, the police, or a social worker can act on his behalf. In some cases, such as in-home alarm situations, the police patrol can order a temporary restraining order and instruct the applicant to start the application process for the restraining order.
These situations often involve suspected crimes, for which the police must file a criminal report. The police have the authority to issue a temporary restraining order (which takes effect immediately), which will later be confirmed in the district court. The main goal of a temporary restraining order is to quickly break the cycle of violence or harassment and prevent future negative consequences. It also serves as a clear message to the author that his actions are not allowed.
If you find yourself in a situation where you feel threatened and believe that a restraining order could improve your circumstances, there is a range of advice and help available to you. The police, social authorities, legal aid or organizations such as the Crime Victim Emergency Service can provide guidance and support.
You can apply for a restraining order directly from the district court, either in writing or orally. Victim Support Finland (RIKU) offers free help with this process.
The application should mention at least the following:
- 1The nature of the threat or harassment you face or anticipate.
- The identity of the person or people you believe are threatening or engaging in harassment.
- Your assessment of whether the harassment is likely to continue or whether there is a risk of future crime.
- Any witnesses or evidence that can support what you are saying.
It is very important to document all events promptly and collect all available evidence (including contact information of witnesses) that can support your application for a restraining order.
If you have experienced violence, it is highly recommended to see a doctor immediately to have your injuries examined.
A person assigned to a basic restraining order may not meet the person to be protected, contact them, or attempt to contact them in any other way. The person to be protected may also not be followed or observed.
An extended restraining order also means a prohibition on staying in a certain area, such as the vicinity of the protected person's permanent residence, holiday home, workplace, or other place specified separately in the court decision.
A technically controlled restraining order can be a possible additional measure to enhance the effectiveness of an extended restraining order, and the court can order it at the request of an official entitled to arrest if it is necessary to combat a crime against life, health or freedom. In these situations, the seriousness of the impending crime and the circumstances of the person to be supervised are taken into account.
In this case, a technical monitoring collar can be installed on the person subject to the ban, for example, and they must carry a tracking phone, on the basis of which the Criminal Sanctions Authority monitors compliance with the ban.
A person ordered to a restraining order within the family must leave the shared apartment and may not return there. They are also not allowed to meet or otherwise contact the person protected by the ban. Following and observing the protected person is also prohibited. A restraining order within the family can also be ordered extended to cover staying in a certain other place, for example, in the vicinity of a shared apartment.
The moments when the perpetrator receives information about the restraining order can be very dangerous for the victim. At these times, the risk of serious violence is high, and it is crucial for the victim to seek help and support, for example, from a shelter. You can ask Nollalinja 24/7 for shelter contact information and available places.
It is important to understand that a restraining order alone does not prevent the perpetrator from approaching the victim. However, if the perpetrator violates the restraining order, it is a crime, and the police have the authority to intervene.
Without a restraining order, it can be more challenging for the police to act, unless the perpetrator causes a disturbance near the victim's home or workplace. In addition, the restraining order can also prohibit the perpetrator from contacting you via any means of communication.
For more:
Police: Restraining order
Oikeus.fi: Restraining order
Victim Support Finland (RIKU): Guides
Finlex: Legislation
