Anyone who feels threatened has the right to defend themselves by seeking a restraining order, which is a temporary prohibition imposed on a person by a court to approach another person or a place where the other person is often present.
A restraining order is imposed to protect people who have been subjected to physical or mental violence, such as victims of domestic violence. The purpose of a restraining order is to prevent a violation of a person's rights in the future. A restraining order may be imposed in civil proceedings or in criminal proceedings.
Restraining order & Human rights
A restraining order imposed by the court is one of the remedies that the State may take to ensure the protection of victims’ rights. If the court fails to issue a restraining order without any lawful grounds, it may result in a violation of the right to life, the prohibition of inhumane or degrading treatment and the right to private and family life.
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – the court) fails to effectively respond and provide protection to the victims of domestic violence in cases of immediate threats to their lives, freedom or health, it may result in a violation of the prohibition of discrimination in conjunction with a violation of the right to life and/or the prohibition of inhumane or degrading treatment, and the right to private and family life.
About this section
This section of the Guide will explain what protection victims can request from the court and which procedures take place to gain a restraining order and what to do when the order is violated by the perpetrator.