How does the appeal process work when a decision to issue or not to issue an emergency barring order is made?
Appeal of the decision
Persons who pose a risk of violence may appeal the decisions of police officers to issue an emergency barring order to the district court within 15 days from the day the decision was made, through the department of the police institution.
Also, persons who are at risk of domestic violence may appeal the decisions of police officers not to issue an order within 15 days from the date of the decision to the district court through the department of the police institution.
Filing a complaint does not stop the execution of the issued order.
Procedure for a complaint in the police department
The police must investigate the complaint and adopt a decision within 48 hours.
To assess the situation in more detail than the police officers at the scene could do, specialized comprehensive assistance centers also participate in the process. These centers provide an expert assessment of the case.
This means that if the decision to issue an order was appealed, the specialized comprehensive assistance center will not only offer you help but will also seek to find out more detailed information about your situation.
note You do not have to cooperate with a specialized comprehensive assistance center, but it can be useful both for receiving assistance and for proving that you really need the protection provided by the order.
Decisions regarding the complaint to the police
After investigating the complaint, the police will make one of the following decisions:
- Agree with the complaint and annul the order
- Agree with the complaint and issue an order
- Disagree with the complaint and uphold the decision on the order (to issue or not to issue the order)
In cases where the police did not agree with your complaint, the police forward the complaint and all the information to the district court for further consideration. This means that you do not need to take any additional steps to appeal to the court.
Examination of the complaint in court
The decision of the district court is made no later than within 2 working days from the date of receipt of the complaint in court.
A person who disagrees with the decision of the district court or the police has the right to appeal the decision to the regional court. These appeals are filed through the district court that adopted the decision within 7 days from the date of adoption of the decision. The decision of the regional court is made no later than 10 days of receiving the case. The decision of the regional court is final and non-appealable.
Complaints about warrants are examined in accordance with the procedure established by the Code of Criminal Procedure.