The contents of a restraining order

A person on whom a basic restraining order has been imposed, may not meet the person protected or otherwise contact or try to contact the person. Nor may he/she follow or observe the person being protected.

An extended restraining order refers to an order forbidding the person also from being in a certain area, in the vicinity of the permanent residence, holiday residence or work place of the person being protected or of another comparable place.

In the most serious cases, where life or health is in danger, an extended restraining order may be accompanied by an electronically monitored restraining order. A proposal for the use of technical supervision may be submitted either by the police or by the prosecutor. The court decides on the electronic supervision of the restraining order and its technical supervision is the responsibility of the Prison and Probation Service of Finland.

A person placed under an inside-the-family restraining order has to leave the common residence and he/she may not return there. Nor may he/she otherwise meet or contact the person protected by the restraining order. It is forbid-den to follow and observe the person protected. Also an inside-the-family restraining order may be imposed extended to cover presence in a certain other place, e.g. in the vicinity of the common residence.

The restraining order will be imposed only to the extent necessary in each case. The order does not prevent a contact for proper reasons. In spite of the order, a contact is allowed if for example a common child suddenly gets ill.

Situations which can be foreseen have to be taken into account already in the decision on the restraining order. For example meetings relating to the visiting rights of a child or contacts necessary for the distribution of marital assets can be ordered to take place through the social welfare authorities or in the presence of a third party.

An inside-the-family restraining order does not affect the economic obligations of the parties (e.g. the paying of rent), the ownership or rental relations of the residence or movable property in the home. Nor does the order have legal effects relating to the custody of common children, visiting rights or sustenance. Separate arrangements will have to be made regarding visiting rights of the children.

Published 15.11.2023