A restraining order may be imposed on the perpetrator by the court during criminal proceedings or together with the criminal sentence.
Temporary restraining order
In the event of domestic violence, the application of a temporary restraining order is the quickest way to prevent the continuation of violence against victim's life, health, liberty or peace. A temporary restraining order can only be applied in ongoing criminal proceedings, provided that the victim requests the application of a temporary restraining order or at least gives written consent. With the consent of the victim, the request for a temporary restraining order is submitted to the court by the prosecutor. If there are no grounds for initiating criminal proceedings in the particular criminal case, the victim will be informed of the right to apply for a restraining order in civil proceedings.
Urgent restraining order
In urgent cases, a temporary restraining order may be imposed by an order of the prosecutor and regardless of the consent of the victim. In this case, the prosecutor's office must inform a court of the restraining order within two working days and the court decides, taking into consideration the consent of the victim, on the admissibility of the order.
Restraining order after the sentencing
In addition to a temporary restraining order, it is possible to impose a restraining order on the perpetrator together with the punishment for the criminal offence. According to the Code of Criminal Procedure, at the request of the victim, the court may apply, for protection of private life or other rights of the victim, on the basis of the Law of Obligation Act, a restraining order with a term of up to three years to an offender convicted of a crime against the person or against a minor. The court may apply a restraining order together with electronic surveillance for up to twelve months.