Family

Restraining order (protective order)

A judicial order barring a person who has used or threatens violence from approaching the protected person and their home.

All terms

A restraining order is the practical name of the preventive measures ordered against a person who has used violence or poses a risk of it. Removal from the shared home, prohibitions on approaching or contacting the protected person and their relatives, and surrender of weapons are the principal measures.

The order is sought from the family court judge, while in urgent cases the police and the local administrative authority may impose certain measures directly. Documentary proof of violence is not required: the protected person's statement suffices for a protective order, and the application is exempt from fees. Measures are ordered for periods within the statutory ceiling and may be extended.

Violation of the order is sanctioned with coercive confinement without the need for a separate criminal trial. These orders arise frequently in violence and threat incidents during divorce proceedings, and their existence is also considered in criminal investigations and custody assessments.

Statutory basis

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The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.