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.
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.
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.
An extended restraining orderalso 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 ordercan 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 familymust 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.
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