What is a protection order?
The protection order (PO) is a legal act, by which the court applies measures to protect the victim for a certain period of time. The protection order is issued by the judge within 24 hours after the receipt of the request. Through the protection order, the judge can oblige the perpetrator to leave the common home for a period of time, even if he is the owner. The protection order is issued for a period of up to 3 months and it can be extended if the victim or her children are still in danger.
Protection order:
- Forces the perpetrator to leave the common home even if the perpetrator or his relatives own the building.
- Forces the perpetrator to stay away from the place you and your children are.
- Prohibits the perpetrator from contacting you and your children or other dependants via phone, social networks, etc.
- Forces the perpetrator to wear an electronic wristband (on the hand or leg) to be monitored so that they do not violate the protection order. He will be tracked electronically everywhere.
- Forces the perpetrator to help maintain the common children.
- Prohibits the perpetrator from keeping or carrying a weapon.
Who can require a protection order?
To request a protection order, the victim can apply to the court in person or through a representative to whom powers have been delegated (for example, through a lawyer). If victims cannot submit the application due to reasons of health, age or other justified reasons, at his/her request, the application for a protection order may be submitted, in the interests of the victim, by the police, the social assistance body or by the prosecutor.
In all cases mentioned above, the application for protection order shall be accompanied by the victim’s personal request, stating the reasons or the situation resulting in victim’s inability to address personally.
If the employee of the police, the social assistance body or the prosecutor receives the victim’s application for a protection order, and the victim is unable to submit the application personally, in the shortest time, but not later than 24 hours, this application shall be forwarded to the court along with all evidence materials for examination.
