Application in civil proceedings

If criminal proceedings have not been initiated or a restraining order was not applied during criminal proceedings, the victim can apply for a restraining order through the county court in civil proceedings.

How to prepare an application

Pursuant to the Code of Civil Procedure, restraining orders are processed under the rules for actions by petition, which is an easier and faster way to obtain protection for infringed rights. In these proceedings, no action is brought, but a petition is submitted. The court can gather evidence itself and has a more active role. However, application for a restraining order can also be submitted in the framework of regular action proceedings, if other issues need to be addressed in addition to the restraining order (e.g. divorce, custody, etc.).

The petition or application to the county court must describe the events and circumstances that make it necessary to impose a restraining order. If the applicant has been subjected to physical or mental violence or has been threatened with violence, or their privacy or liberty has been violated, these violations must be described in sufficient detail. The applicant must also explain why the restraining order is necessary, in particular what are the circumstances which make it likely that the offences which have already taken place will be repeated. Finally, the applicant must state what restrictions they are requesting and justify them.

Evidence

Evidence may include various data and documents that can be used to prove the physical or mental violence, such as telephone call recordings, smartphone screenshots, social media printouts, police reports, medical evidence of injuries and prescription drugs, video recordings, names of witnesses, who can confirm what happened, etc. Evidence must be provided for each claim, and it should clearly be stated what the evidence is meant to prove. In case of submission of photographs as evidence, it is important that they enable the court to establish where, at what time, in what circumstances the photograph was taken and how it relates to the allegations made.

Where to submit an application

The application must be submitted to the relevant county court of the area where the perpetrator resides. If the place of residence is not known, the application may be filed according to the last known place of residence.

Fees

A state fee must be paid upon submission of the petition or action. In non-action proceedings, the amount of the state fee is 50 euros. Upon filing an action, a state fee is paid based on the action price.

Appeal

Where the court dismissed the application or upheld it in part, the applicant (the victim) may appeal the decision by submitting an appeal within 15 days of the date when the decision was issued, or 30 days, if the restraining order was applied for together with an action. The procedure and term for appeal are set out in the court decision.

An appeal must be prepared in writing and filed with a circuit court through the county court whose ruling is contested by the appeal. The ruling of the circuit court may be appealed to the Supreme Court within 15 days as of the date it was made known to the appellant.

The rejection of the application for a restraining order does not preclude the victim from re-applying to the court if the threat from abuser is still existent.

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