Restraining order

A restraining order may be requested by anyone who justifiably feels threatened or seriously harassed by another person. A report on the threat of an offence or other serious harassment shall be presented on the basis of which the threat or harassment must be visible to an external person. Typical cases in which a restraining order may be used include the harassment of a former spouse or co-habiter by contacting him/her, trying to visit him/her. 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.

You apply for a restraining order either from the police or directly from the District Court in writing or orally. Applying for a restraining order became free of charge on 1.10.2023. In the future, the applicant for a restraining order will not be charged a fee even if the application is rejected or the matter lapses.

A temporary restraining order, which will enter into force immediately, can be issued by a senior 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?

Typical cases in which a restraining order may be used include the harassment of a former spouse or co-habiter by contacting him/her, trying to visit him/her as well as situations in which an adult child attempts to extort money from his/her elderly parent. The restraining order can also be used to protect e.g. the witness of a trial.

The provisions on a restraining order inside a family 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.

However, a restraining order can be applied for by anyone who justifiably feels himself/herself threatened or harassed by another.

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.

If the restraining order is intended to protect a minor child, the child's custodian or guardian may request the restraining order. An application for a restraining order requires the consent of both parents if the child is in joint custody of the 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 to the district court together with the application.

If it is a question of protecting a minor child in joint custody against another parent, one of the parents cannot apply for a restraining order. In such a case, the child is represented by an impartial party, i.e. an external guardian. The remuneration of a lawyer acting as a guardian is always 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 or voluntary organisations.

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 measures