A restraining order is a tool in the hands of the state to punish perpetrators of violence. This measure is particularly relevant in the area of domestic violence. The state wants to help victims and provide effective protection in cases of domestic violence. The first of the decisions to point this out was the 2007 decision of the European Court of Human Rights (hereinafter “ECtHR”) in Kontrova v. Slovakia. The latter notes that domestic violence is a violation of fundamental human rights, such as the right to life, the right to family life, the prohibition of discrimination and the prohibition of torture.

Article 60 of the Police Duties and Powers Act (hereinafter: “ZNPPol”)[1] provides that if there are reasonable grounds to suspect that a person has committed or been caught committing a crime or offence involving signs of violence and there are grounds to suspect that he or she will endanger the life, personal safety or freedom of a person with whom he or she is or has been in a close relationship within the meaning of the provisions of the Criminal Code and of the law regulating the prevention of domestic violence, which the police officers establish in particular on the basis of the previous ill-treatment of the offender, the circumstances directly perceived by the police officers on arrival at the scene, information gathered from the victims or witnesses, information from the social work centre, humanitarian and non-governmental organisations, the police officers may order a restraining order against a particular place or person, which the offender may not intentionally violate.[2]

The police impose a restraining order for 48 hours, which can be extended by the investigating judge for up to 15 days or, on the victim’s application, for up to 60 days. The order or decision issued by the investigating judge itself specifies the person and the place that the offender must not approach within a certain distance.

The court may also impose a restraining order in non-judicial proceedings, upon the victim’s request, in accordance with the Act on the Prevention of Domestic Violence (hereinafter: “ZPND”)[3] , for a period of up to 12 months, renewable several times. If such a measure is renewed, there must be substantiated circumstances which would justify the request for a restraining order.

In accordance with the decision of the High Court in Celje, ref. no. II Cp 129/2020, the duration of the restraining order is determined in proportion to the intensity of the violation itself.

Accordingly, under Article 22.d of the ZPND, the court may issue a reasoned order where it appears from the request that the perpetrator of the violence is likely to endanger the life or seriously endanger the health of the victim or his/her children, or where it is necessary to do so in order to protect the best interests of a child. The court decides on the measure by order, without sending a response to the perpetrator.

Under Article 19 of the ZPND, a court may order a perpetrator of violence who has caused bodily injury or damage to the victim’s health, or who has otherwise unlawfully interfered with the victim’s dignity or other personal rights, in particular to:
– prohibit entry to the home where the victim lives,
– prohibit the person from being in a certain proximity to the home where the victim lives,
– prohibit the person from staying in or approaching places where the victim is usually found (e.g. workplace, school, kindergarten, etc.),
– prohibit contact with the victim by any means, including by means of communication at a distance and including through third persons,
– prohibit any meeting with the victim,
– prohibit the publication of the victim’s personal data, documents from court and administrative files and personal records relating to the victim,
– decide on the transfer of a shared dwelling to the victim in accordance with Article 21 of this Act.

The court may also impose these measures:
– if the perpetrator of the violence threatened to harm the victim or otherwise unlawfully interfered with the victim’s dignity or other personal rights,
– if the perpetrator of the violence has unlawfully entered the home where the victim lives, the premises where the victim works or otherwise disturbed the victim’s peaceful possession,
– if the perpetrator of violence unlawfully harasses the victim against his or her explicit will, for example by stalking or using means of long-distance communication,
– if the perpetrator of the violence unlawfully harasses the victim against her explicit will by using or publishing the victim’s personal data, documents from court and administrative files and personal records relating to the victim.

Furthermore, the court in its order imposing a measure under this Act may also impose a fine in case the perpetrator of violence fails to comply with the court’s order or breaches the duty referred to in Article 21(5) of the ZPND or the duty referred to in Article 22(5) of this Act. The fine is imposed in accordance with the provisions of the act on enforcement on the obligation to do, allow or refrain from doing something.

In addition to the order imposing the fine, the court also issues a new order setting a new deadline for the offender to comply with the obligation and imposing a new fine, higher than in the previous order, in case the offender fails to comply with his/her obligation within the new deadline.

As the purpose of the procedure is to ensure the safety of the victim, the procedures are urgent and prioritised.

[1]Police Duties and Powers Act (ZNPPol)

[2]Katja Filipčič, Eva Bertok, Revija za kriminalistiko in kriminologijo (Criminalistics and Criminology Journal), Ljubljana 75, 2024, p. 44 to 58

[3]Act on the Prevention of Domestic Violence (ZPND)