What is the procedure for issuing an emergency barring order?
First action – a call to the police
If there is an emergency related to domestic violence and the life and health of the victim or her/his children is in danger because of the perpetrator’s abusive behaviour, the victim can call the emergency line on 112. This telephone line is free of charge and operates 24 hours a day, are reachable from mobile and regular phones and connect to every police station. All conversations are recorded.
Assessment of information and risk
The police have the obligation to access the situation of domestic violence. In most cases police officers will start a pre-trial investigation immediately and will arrest the perpetrator. In cases where there is not enough information to start a pre-trial investigation, the police officers, after assessing the risk, will issue an emergency barring order.
The order is issued for a period of 15 days by a police officer when police receive a report of possible domestic violence and, after conducting a risk assessment, the risk of domestic violence is determined. The police officer makes the decision to issue an order or not to issue an order immediately, but no later than within 12 hours of receiving a report of possible domestic violence.
The risk is assessed according to the lists of risk assessment criteria. These criteria include aspects such as:
- The behavior of the person causing the risk
- State of the person in danger
- The location of the incident
- Whether the person causing the risk has a weapon, etc.
Applied orders
After issuing an order, a person who poses a risk of domestic violence is obliged:
- To temporarily move out of the place of residence if he lives with a person at risk, regardless of who owns the property
- Not to visit the place of residence of the person at risk, regardless of whether the person causing risk of violence lives there or not
- Not to come within the distance specified in the order to the person in at risk and adult persons living with him and/or children living in an environment where there was a risk of violence
- Do not communicate, do not seek contact with a person at risk
The legal framework regarding the decision on measures is made according to the principle that the rights of the victim to life, physical and psychological integrity prevail over the property rights of the perpetrator. Therefore, the perpetrator of domestic violence can be temporarily removed and banned from his/her residence, even if he/she owns that property or if that residence is his/her declared address.
Complaints
The decision to issue or not to issue the order can be appealed to the police, and if the police do not agree with the complaint, the appeal is considered in court. Read more about how to complain.
Transfer of information
It is important to know that when an order is issued, the police must pass your details on to a specialized comprehensive assistance centre, which will contact you and offer you assistance.
Also, if a child lives with a person at risk, the person at risk is a child, the child has witnessed violence in a close environment or lives in an environment where violence has occurred, the police will also inform the State Child Rights Protection and Adoption Service.
If a person in need of social or health care services is left unattended while fulfilling the obligations of the order, the police officers immediately inform the relative or other close person, and if they are not available, social services and/or the personal health care institution, which can provide assistance.