If reasonable suspicion exists that a person has committed a criminal or minor offence involving violence or if a person has been caught in the act of committing such an offence and there are reasons to suspect that this person is about to endanger the life, personal safety or freedom of a person with whom he/she is or was in a close relationship, a police officer may order a RESTRAINING ORDER PROHIBITING THE PERSON FROM APPROACHING A PARTICULAR PLACE OR PERSON.
The police officer issues the restraining order prohibiting the person in question from approaching a particular place or person by issuing an on-the-spot verbal order to the offender, and later, within a period of not more than six hours, by serving a written order relating to the measure ordered. The measure is ordered for 48 hours.
The measure also contains provisions regarding the distance from the place or person within which the offender may not move (from 50 to a maximum of 200 meters) and a prohibition of harassment through communications means.
An offender, who has been issued a restraining order, must leave the location or area immediately and hand over the keys of the residence he/she resides in together with the victim to the police officer.
After issuing such a measure, the police officer will immediately notify the local competent social services centre, which must acquaint the victim with organisations available for material and non-material assistance.
The police office will submit the order for review to the district court investigating judge, who may uphold, amend or annul the restraining order (e.g. the judge may extend the order to comprise a period of 10 days).
The Police will also monitor compliance with the restraining order prohibiting a person from approaching a particular place or person. The victim may suggest to the court that the restraining order be extended to 60 days.
An offender who violates a restraining order or harasses the victim using communications means during the period of the restraining order will be punished with a fine of at least EUR 2.396.