Restraining order

A restraining order may be imposed, if there are reasonable grounds to assume that the person against whom the order is applied for is likely to commit an offence against the life, health, liberty or privacy of the person who feels threatened or in some other way severely harass this person.

An inside-the-family restraining order may be imposed, if the person against whom the restraining order is applied for, judged by the threats he or she has made, his or her previous offences or other behaviour is likely to commit an offence against the life, health or liberty of the person who feels threatened, and the imposition of a restraining order is not unreasonable with regard to the severity of the impending offence, the circumstances of the persons living in the same household and other facts presented in the case.

A restraining order may be requested by anyone who justifiably feels threatened or seriously harassed by another person. When applying for a restraining order, an account of the threat of a crime or other serious harassment must be presented, on the basis of which the threat or harassment must be noticeable to a third party.

A person can apply for a restraining order either from the police or directly from the District Court in writing or orally. Applying for a restraining order is free. A temporary restraining order, which will enter into force immediately, can be issued by a policeman or a public prosecutor. In such a case, the decision shall be examined without delay by the district court.

Who can apply for a restraining order?

A restraining order can be applied for by anyone who justifiably feels himself/herself threatened or harassed by another person in the manner described above.

Typical situations in which a restraining order can be imposed include a threat of violence or serious harassment of a former spouse or cohabiting partner through repeated contacts or attempts to visit. The restraining order can also be used to protect e.g. the witness of a trial. A restraining order may also be issued when the person protected by the restraining order and the person subject to the restraining order reside in the same apartment The provisions on an inside-the-family restraining order can also be applied when persons cohabit for other reasons than because they are a couple. A restraining order is possible for example when a parent encounters violence from an adult child living in the same house or household.

Also a prosecuting, police or social service authority may apply for the order if the person threatened is too afraid or unable to do it himself/herself.

A restraining order can be applied for at the same time to protect oneself and one’s children. If the restraining order is intended to protect a minor child, the child’s custodian or guardian may request the restraining order. As a rule, the consent of both parents is required for an application for a restraining order if the child is in the joint custody of his or her parents. Thus, both parents must sign the application or alternatively one of the parents may express their consent by means of a power of attorney which is sent or handed in to the district court together with the application. If it is a question of protecting a minor child in joint custody against his or her other parent, the child is represented in the proceedings by an impartial person, i.e. an external guardian. The appointment of a guardian is carried out by a court of law. The guardian’s fee is paid by the state.

How do you apply for a restraining order?

If you are in a situation in which you are under a threat and you feel that a restraining order might help your situation, you will get advice and help from police, social service authorities, the public prosecutor.

You apply for a restraining order either from the police or directly from the district court in writing or orally. When applying for the order, you have to tell the authorities

• what kind of threat or harassment you have or are about to be subjected to
• who the person or persons are that you feel are threatening or harassing you
• your idea as to whether the harassment will continue or whether there is a future threat of a crime
• whether there are witnesses or other proof in the matter

It is important that you record all the events as soon as they happen and gather all the possible evidence as well as the contact information of the witnesses to support your application for a restraining order.

If you have been subjected to violence, see a doctor as soon as possible to have your injuries examined.

A temporary restraining order, which will enter into force immediately, can be issued by a civil servant with the right to arrest a person, – i.e., a senior policeman or a public prosecutor – or by the district court.

An inside-the-family restraining order is most often first imposed as a temporary order by the police, which enters into force immediately. This is the case for example when the police remove a threatening person from the home and takes him/her into custody and when the threat of a crime is evident also after releasing the person from custody.

Duration of a restraining order

The restraining order is valid for the period ordered by the district court, however, for a maximum of one year, but this period may be extended, if necessary. An extension requires a request to that effect to the district court and the handling of that request.

An inside-the-family restraining order can, however, be imposed for a maximum of three months. Its period of validity will be decided case by case. An inside-the-family restraining order can, where necessary, be extended for a maxi-mum of three months.

Consequences of a breach of the restraining order

Breach of a restraining order is a punishable act. The punishment is a fine or imprisonment not exceeding one year. Breach of the order is a crime subject to public prosecution, and it will be taken to court by the public prosecutor. All restraining orders are entered into a special personal data file kept by the police. The police also supervise these orders and may use force if the order is breached. If for example a person upon whom a restraining order has been imposed continues to harass the person protected, the police called in may take the guilty party to the police station and interrogate him/her for further measuresatta åtgärder.avan häirintää, voi paikalle hälytetty poliisi viedä kiellon rikkoneen säilöön ja kuulusteluun jatkotoimenpiteistä varten.

The contents of a restraining order

A person on whom a restraining order has been imposed, may not meet the person being protected or otherwise contact or try to contact this person (basic restraining order). It is also forbidden to follow and observe the person being protected.

A person on whom an inside-the-family restraining order has been imposed must leave the residence where he or she and the person protected permanently live together, and he or she may not return there. An inside-the-family restraining order does not affect the economic obligations of the parties (e.g. the paying of rent), the ownership or rental relations of the residence or movable property in the home. Nor does the order have legal effects relating to the custody of common children, visiting rights or sustenance.

A restraining order may be imposed as an extended order, in which case it also applies to being in the vicinity of the permanent residence, holiday residence or workplace of the person being protected or of another comparable place specified separately (extended restraining order).

In the most serious cases, such as when life or health is in danger, the court may, at the request of the officer with the right to arrest, i.e. the police or the prosecutor, order that compliance with an extended restraining order be monitored by technical means, such as technical devices attached to the wrist, ankle or waist of the person subject to the restraining order (technically supervised restraining order).

The restraining order will be imposed only to the extent necessary in each case. The restraining order does not apply to contacts for which there is an appropriate reason and that are manifestly necessary. Such contacts may be related to, for example, the custody of a joint child. Such foreseeable situations should therefore be disclosed to the court in the restraining order trial.

Handling of a restraining order in the district court

In the district court an application for a restraining order is handled urgently. Like in a criminal case, the matter is handled at a trial, where the account given of the matter is examined and both parties as well as witnesses are heard.

When imposing a restraining order, the district court always assesses the risk of a crime or harassment on a case-by-case basis. The grounds are the circumstances, the person’s own threat experience, the accounts of possible witnesses and other evidence.

An act of violence that has already taken place can be considered a serious ground, but it is not a prerequisite for an order. When a person who feels himself/herself threatened, is harassed for example near his/her home, at his/her work or in public places with the purpose of threatening or nuisance for example by following the person without justification, all this can be sufficient grounds to issuing a restraining order. Also, harassment over the phone, by letter or in another way may, when continued, result in the imposition of a restraining order.

Stricter prerequisites of an inside-the-family restraining order

Because an obligation to leave one’s home involves stronger interference with the rights of a person than an ordinary restraining order, the prerequisites for imposing an inside-the-family restraining order are stricter than those of an ordinary restraining order. The order may be imposed only to prevent a crime on the life, health or liberty of a per-son or to avert a threat thereof, but not if the case involves crime on or harassment of peace. In addition, what is required is that the likelihood of a crime referred to above would be greater if the order is not imposed.

Legal aid can be provided by public legal aid attorneys, advocates and other lawyers licensed to assist clients in trials for legal assistance. The legal aid office will tell you if you have a possibility to have a counsel at the cost of the state.

The district court may decide a case relating to a restraining order even if the person against whom the order is applied for refuses to come to court. The restraining order will enter into force as soon as it has been imposed.

If the restraining order later on proves to be unnecessary, you can apply to the district court to have it repealed. The parties cannot mutually agree on the termination of the order.