Restraining order

A prohibition of contact in private law is a by a district court on a decision or judgment express prohibition ( protection order ), which may be pronounced at the request of the plaintiff. Furthermore, the police may issue a prohibition of contact in the context of security.

It applies only to relations between individuals and is limited in time, as a rule. Judicial protection arrangements always include a scheme under which an administrative fine is payable, if the defendant violated the ban.

Reason is the protection of the victim against harm or damage, such as harassment, assaults, deprivations of liberty and reenactments by the aggressor. These measures are thus used heretofore prevention. For the utterance of a contact ban, a simple risk prediction. Here is for example the behavior of the aggressor in the past and its current emotional state to consider. It is important from the perspective of the person concerned, the immediate obtaining an interim order or prior to the intervention of the police to prevent further episodes of unwanted contacts.

Contact bans by courts are possible within the scope of the Violence Protection Act or the Civil Code → injunction.

Often, a prohibition of contact by the police is pronounced without the application if this is necessary in the context of security (for example, domestic violence, stalking ).

The dismissal by the police is not a prohibition of contact, but it can also be pronounced.

  • Civil Procedure Law ( Germany )
  • Victimology
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