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What is an emergency restraining order?

The emergency restraining order (ERO) is a temporary measure to protect the victim of domestic violence, which is applied by the police, resulting in the immediate removal of the perpetrator from the family household and the establishment of prohibitions provided by law, in order to prevent domestic violence acts and their recurrence, thus ensuring the victim’s and other family members’ safety in their home.

ERO is issued by the police employees for a period of up to 10 days and is applied immediately, the perpetrator and the victim (in the case of children – the legal representative of the victim) being informed of the restrictions applied, their rights and obligations and liability for failure to comply with the requirements of the restraining order.

ERO is compulsorily issued by the police if following the assessment of risks, of circumstances that generate a reasonable suspicion that domestic violence acts have been committed and/or there is imminent danger that acts of violence will be repeated or committed.

After issuing and presenting the emergency restraining order, the police removes the perpetrator from the home and if the perpetrator violates the imposed restrictions, it will initiate the procedure for imposing contravention liability against the perpetrator pursuant to Article 3181 of the Contravention Code.

The supervision of the execution of measures set in the emergency restraining order is ensured by the police in the locality where the victim resides.

During the period of the emergency restraining order, the victim has the right to ask the court to issue a protection order. If the victim requires the application of a protection order, the action of the emergency restraining order is extended and it terminates when the protection measures set by the court are applied.

 

 

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