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Restraining Order Template for Indonesia

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Key Requirements PROMPT example:

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 from my residence and workplace, and to prohibit any form of communication, including digital and third-party contact.

What is a Restraining Order?

A Restraining Order is a legal command issued by Indonesian courts to stop someone from doing specific actions, like approaching another person, visiting certain places, or continuing harmful behavior. These orders provide immediate legal protection when someone faces threats, harassment, or potential harm from another party.

In Indonesian law, victims can request these orders through district courts (Pengadilan Negeri), especially in cases of domestic violence under Law No. 23/2004. Once granted, violating a restraining order becomes a criminal offense, allowing police to arrest the offender immediately. The order typically remains active for a set period and can be extended if needed.

When should you use a Restraining Order?

Seek a Restraining Order when you face immediate threats to your safety or well-being in Indonesia. Common situations include domestic violence, stalking, harassment at work or home, or when someone repeatedly threatens you with physical harm. The protection becomes crucial if your abuser knows where you live or work, or if they've shown escalating aggressive behavior.

Under Indonesian law, you need evidence of the threatening behavior - such as police reports, witness statements, medical records, threatening messages, or photos of injuries. File your request at the local district court (Pengadilan Negeri) as soon as possible after incidents occur. Don't wait for violence to escalate - early legal protection can prevent serious harm.

What are the different types of Restraining Order?

  • Emergency Protection Orders: Issued quickly for immediate threats, lasting 7-14 days, especially in domestic violence cases
  • Temporary Restraining Orders: Valid for 30-90 days, requiring less initial evidence but needing a court hearing for extension
  • Permanent Protection Orders: Issued after a full court hearing, lasting 1-5 years or indefinitely in severe cases
  • Workplace Protection Orders: Specifically designed to prevent harassment or violence at work locations
  • Anti-Stalking Orders: Focus on preventing surveillance, following, or unwanted contact through any means

Who should typically use a Restraining Order?

  • Petitioners: Individuals seeking protection from threats, harassment, or violence - often victims of domestic abuse, stalking, or workplace harassment
  • District Courts: Indonesian judges and legal staff who review evidence and issue Restraining Orders through the Pengadilan Negeri
  • Law Enforcement: Police officers who enforce the order's terms and respond to violations
  • Legal Representatives: Lawyers who help victims file petitions and navigate the legal process
  • Respondents: Individuals against whom the order is issued, who must comply with specific restrictions or face criminal charges

How do you write a Restraining Order?

  • Documentation: Gather evidence like police reports, medical records, threatening messages, photos, or witness statements showing the pattern of harassment or violence
  • Personal Details: Compile complete information about both parties, including full names, addresses, physical descriptions, and any shared property or children
  • Incident History: Create a detailed timeline of threatening events, including dates, locations, and specific actions
  • Safety Plan: Develop specific restrictions needed - like minimum distance requirements, prohibited locations, or communication bans
  • Legal Assistance: Contact a legal aid organization or lawyer familiar with Indonesian protection orders for proper filing

What should be included in a Restraining Order?

  • Identification Details: Full names, addresses, and physical descriptions of both protected person and restrained party
  • Prohibited Actions: Clear listing of specific behaviors and actions the restrained party must not do
  • Geographic Restrictions: Exact locations and minimum distances the restrained party must maintain
  • Duration Clause: Precise start and end dates of the order's validity period
  • Enforcement Terms: Consequences of violation and procedures for law enforcement response
  • Legal Authority: Citation of relevant Indonesian laws, particularly Law No. 23/2004 for domestic cases
  • Court Details: Issuing court's name, case number, and judge's signature

What's the difference between a Restraining Order and a Cease and Desist Order?

A Restraining Order differs significantly from a Cease and Desist Order in several key aspects, though both are legal commands to stop specific behaviors. Understanding these differences helps you choose the right legal tool for your situation in Indonesia.

  • Emergency Protection: Restraining Orders provide immediate physical protection and safety measures, while Cease and Desist Orders focus on stopping specific business or legal activities
  • Enforcement Method: Restraining Orders allow immediate police intervention and arrest, whereas Cease and Desist Orders typically require separate legal proceedings to enforce
  • Application Process: Restraining Orders require court approval and evidence of immediate threat, while Cease and Desist Orders can be issued privately through legal representation
  • Scope of Protection: Restraining Orders include physical distance requirements and personal safety measures; Cease and Desist Orders mainly address intellectual property, business practices, or harassment through communication

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