An application for a restraining order may be based on a relationship that has ended and one party has become so attached to the other that they cannot let go. A restraining order can be imposed if there are reasonable grounds to believe that the person against whom the restraining order is sought would commit a crime against the life, health, liberty or peace of a person who feels threatened, or would otherwise seriously disturb that person.
How to apply for a restraining order?
A person who feels threatened or harassed, or a prosecutor, police or social authority, can request a restraining order.
We always recommend that you seek the help of a lawyer to draft your restraining order application. The events behind a restraining order are dramatic and emotionally stressful, and the applicant may not be able to carefully draft the application or handle the case in district court. Legal aid may also be available for the proceedings for a restraining order, if an assistant is deemed necessary.
Basic form of restraining order
An application for an access prohibition can be made in the basic form or in an extended form. In the basic form of a restraining order, the person subject to the order may not meet or otherwise contact or attempt to contact the protected person, unless there is a valid reason for the contact, such as arranging child visits, etc. It is also prohibited to follow or observe the protected person.
Extended restraining order
As a general rule, a basic form of restraining order is usually sufficient. In many situations, however, more extensive protection is needed. Under the law on restraining orders, if there is reason to believe that a basic restraining order is not sufficient to prevent the threat of crime or other harassment, an extended restraining order may be imposed to cover the stay in the vicinity of the protected person's permanent or holiday home, workplace or other similar place of residence. This is an extended restraining order.
Intra-family restraining order
An intra-family restraining order may be imposed if it can be inferred from the threats, previous offences or other conduct of the person against whom the order is sought that he or she would be likely to commit a crime against the life, health or freedom of a person who feels threatened, and the imposition of the order is not unreasonable having regard to the seriousness of the threatened crime, the circumstances of the persons living in the same dwelling and other circumstances of the case. In addition to the basic form of restraining order, a person subject to an intra-family restraining order shall leave the dwelling in which he or she and the protected person are habitually resident and shall not return to the dwelling.
The urgency of an access ban
The proceedings for a restraining order are quick in the district court. Once the application reaches the district court, the district court quickly gives the opposing party the opportunity to make a statement. A temporary restraining order can be issued even if the other party cannot be reached.
Once the interim order has been issued, the district court will start the main hearing for the actual restraining order.
On the hearing of a restraining order case in a district court
A restraining order becomes pending in the district court when the application reaches it. Depending on the case, the district court may then request a police investigation, which in practice is a brief questioning by the police on the grounds for the restraining order. The district court may also request a statement from the person against whom the restraining order is sought. After the written preparation, a main hearing is held. In practice, the hearing is where the application and its grounds are presented and the other party's response and grounds are heard. In restraining order cases, the evidence is based on the reports of the parties, i.e. the applicant and the opposing party. Witnesses may also be heard. The district court will typically pronounce judgment in a restraining order case immediately after the hearing.
Lawyer on restraining order case
We always recommend that a lawyer is consulted in the case of a restraining order. Check whether there are sufficient grounds for a restraining order. This article was written by Lawyer Samvel Margarjan, from Amos Law Office Ltd. You can always call him for a free 15-minute consultation call, tel. 010 299 5090.
More of Samvel's writings:
Are you a party to an assault?
How to mediate a dispute with a child?