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Restraining Order
I need a restraining order to prevent an individual from contacting or approaching me, with specific provisions to include a minimum distance they must maintain and restrictions on any form of communication, valid for an initial period of 6 months with the possibility of extension.
What is a Restraining Order?
A Restraining Order (tilhold in Danish) is a legal command that stops someone from contacting, approaching, or harming another person. Danish courts issue these orders under the Restraining Order Act when someone faces harassment, threats, or stalking from another individual.
The order typically lasts for 5 years and sets clear boundaries, like keeping a specific distance away or banning all forms of contact - including messages, calls, and social media. Breaking these rules is a criminal offense in Denmark, leading to fines or up to 2 years in prison. Police can act quickly if someone violates the order, offering real protection to those who feel unsafe.
When should you use a Restraining Order?
Consider seeking a Restraining Order when someone repeatedly harasses, threatens, or stalks you in Denmark. Common situations include an ex-partner who won't stop making unwanted contact, a neighbor who engages in threatening behavior, or someone who follows you persistently despite being told to stop.
Time is crucial - apply for the order as soon as you notice a pattern of harmful behavior. Danish police and courts take these cases seriously, especially when there's evidence of physical threats, cyberstalking, or repeated unwanted visits to your home or workplace. Document all incidents with dates, times, and details, as this helps strengthen your case and speeds up the protection process.
What are the different types of Restraining Order?
- Basic Restraining Order (tilhold): Prohibits all forms of contact, including calls, messages, and physical approaches. Typically lasts 5 years.
- Extended Protection Order (udvidet tilhold): Includes broader geographical restrictions, banning the person from entire neighborhoods or cities.
- Workplace Restraining Order: Specifically prevents someone from approaching your workplace or contacting you at work.
- Temporary Emergency Order (foreløbigt tilhold): Issued quickly in urgent situations before a full hearing, lasting up to 4 weeks.
- Domestic Violence Order: Specifically for cases involving current or former partners, can include immediate removal from shared homes.
Who should typically use a Restraining Order?
- Protected Persons: Individuals seeking protection from harassment, stalking, or threats. They initiate the process and provide evidence to support their case.
- Danish Police: Receive initial reports, evaluate cases, enforce violations, and can request emergency orders when immediate protection is needed.
- Courts: Danish judges review evidence and issue the final orders, setting specific terms and duration.
- Restricted Persons: Those who must follow the order's restrictions. Breaking these terms can result in criminal charges.
- Legal Representatives: Lawyers who help victims navigate the application process and represent either party in court proceedings.
How do you write a Restraining Order?
- Document Incidents: Keep detailed records of all harassment events, including dates, times, locations, and any witnesses present.
- Gather Evidence: Save texts, emails, photos, social media posts, and any other proof of unwanted contact or threats.
- Personal Details: Compile complete information about both parties, including full names, addresses, and any shared history.
- Police Reports: File reports for previous incidents and get copies of case numbers and officer statements.
- Safety Plan: Create a list of specific restrictions needed, like distance requirements or prohibited contact methods.
- Medical Records: If applicable, collect any documentation of injuries or psychological impact from the harassment.
What should be included in a Restraining Order?
- Identification Details: Full legal names, addresses, and personal information of both protected and restricted parties.
- Prohibited Actions: Clear description of banned behaviors, including specific forms of contact and minimum distances.
- Geographic Scope: Precise boundaries and locations where restrictions apply, including home, work, and other relevant places.
- Duration: Explicit start and end dates of the order, typically up to 5 years under Danish law.
- Legal Consequences: Clear statement of penalties for violations under Danish criminal code.
- Emergency Contacts: Listed authorities and procedures for reporting violations.
- Official Signatures: Court stamp, judge's signature, and date of issuance.
What's the difference between a Restraining Order and a Protection Order?
A Restraining Order (tilhold) and a Protection Order often get mixed up in Denmark, but they serve different purposes. Let's look at their key differences:
- Legal Scope: Restraining Orders focus specifically on preventing contact and proximity, while Protection Order can include broader safeguards like temporary custody arrangements and property access.
- Duration and Flexibility: Restraining Orders typically last up to 5 years with limited modification options. Protection Orders are more flexible, allowing regular adjustments based on changing circumstances.
- Application Process: Restraining Orders require direct police involvement and criminal evidence. Protection Orders can be obtained through civil court proceedings with a lower evidence threshold.
- Enforcement Mechanism: Restraining Order violations are immediate criminal offenses. Protection Order breaches often require additional court proceedings before criminal charges apply.
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