In this article we are going to cover what is a restraining Order, how they can be used by you or against you, how they are issued and how they can be applied for.
First things first a restraining order in Polish is referred to as: Zakaz Zbliżania
What is a Restraining Order
Restraining orders, often also called protection orders in different parts of the world, are orders issued by judges that tell people to do or not do certain things. They can be used in non-criminal situations, such as telling property owners to stop activities that constitute a public nuisance and directing parties in a civil lawsuit to leave each other alone. Restraining orders in a civil context may also be called temporary injunctions (which can become permanent injunctions).
In a criminal context, judges use restraining or protective orders to prohibit abusive spouses or partners from contacting or harming the other spouse or partner, and to keep stalkers or harassers at bay. This article focuses on the use of such orders in a criminal context.
How Are Restraining Orders Issued?
In a typical situation, a victim or would-be victim of annoying and potential criminal activity applies to a judge for an order directing the aggressor to do a specific act, back off, or stay away.
Few people know that a restraining order can also be used by the public prosecutor before the verdict of guilty, and even before starting court proceedings . Conducting investigations since the prosecutor has a number of preventive measures by which injured persons offense in the course of the inquiry or investigation should feel safe. The pool of such measures is, among others, Police take supervision, the use of pre-trial detention, or just the use of restraining the victim .
How to apply for a restraining order?
A restraining order can be obtained in court of law. This means that first there must be a criminal proceedings against the person you wish to gain a restraining order against; in the proceedings before the court the victim may act as prosecutor or only as a witness. In addition, victims of crime may itself submit an application to the court requesting and explaining why restraining order can either prevent future harm or criminal activities taking place. The victim may also propose to the court what they determine to be a safe distance from him or her, but the judge does not need to meet your request.
How do I apply for a non-criminal related restraining order
Restraining orders may be ordered in a civil proceeding, whereas a temporary protection order arises out of a criminal proceeding. A restraining order must accompany an underlying lawsuit. For example in the domestic relations area, a divorce, legal separation or annulment must be filed as the basic lawsuit. A restraining order may only be requested if one of these causes of action are filed. One cannot request a restraining order in a dissolution because of the underlying presumption that the parties are in agreement and will cooperate regarding all terms of their agreement, including the terms relating to their separation.
Consequences for Failing to Obey a Restraining Order in Poland
An order directed at a domestic abuser or stalker is enforced by the police. If a restraining order was put in place due to a criminal offense then in accordance with Article. 244 of the Criminal Code then the offender can face punishment by imprisonment up to 3 years.
The police might not always intervene on civil matters, but assuming the police do intervene when a defendant has violated the terms of a restraining order, what happens next? The police directed by statute to arrest the defendant, and prosecutors can charge him or her with a crime for violating the order (such as contempt of court). Of course, if the violation (an assault, for example) is also a crime, the defendant should be charged with that, as well.
An Eviction Order
An Eviction order is different to a restraining order. In a criminal or abuse related matter a police officer may request for the eviction of the offender. If the permission is granted by a court due to a reasonable risk that the offender will commit a crime again using violence against the victim(s) then