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Protection Order
I need a protection order to prevent contact and harassment from an individual, ensuring my safety and peace of mind. The order should include restrictions on physical proximity, communication, and any form of indirect contact, with immediate enforcement and a review period after six months.
What is a Protection Order?
A Protection Order is a legal tool in Austrian courts that shields people from violence, threats, or harassment. It empowers police to immediately remove dangerous individuals from a home and prevent them from returning, typically for two weeks. The order mainly protects victims of domestic violence, stalking, or other forms of personal intimidation.
Under Austria's Security Police Act, these orders give immediate safety to people at risk. Courts can extend the protection for up to six months and set specific rules - like keeping the aggressor away from the victim's workplace or children's school. Breaking these rules leads to serious penalties, including fines and possible arrest.
When should you use a Protection Order?
Consider seeking a Protection Order immediately if you face threats, stalking, or physical violence - especially from family members or people sharing your household. The most critical time to get this order is when you feel unsafe at home or your personal safety is at risk, even if no physical violence has occurred yet.
Austrian law allows you to request protection through police or courts when someone makes credible threats, shows up uninvited at your home or workplace, sends threatening messages, or engages in any behavior that causes reasonable fear. Getting help early helps prevent escalation and gives you legal backup if the situation worsens.
What are the different types of Protection Order?
- Two-Week Emergency Order: Issued by police for immediate protection, forcing the aggressor to leave the residence and stay away for 14 days
- Extended Protection Order: Granted by courts for up to 6 months, offering longer-term protection and broader restrictions on contact
- Workplace Protection Order: Specifically prevents the aggressor from approaching the victim's workplace or professional locations
- Child Safety Order: Includes special provisions to protect children, restricting contact and setting boundaries around schools
- Stalking Protection Order: Focuses on non-domestic situations, addressing harassment from non-family members or acquaintances
Who should typically use a Protection Order?
- Victims: People seeking protection from violence, threats, or stalking - including domestic violence survivors, harassment targets, and those fearing for their safety
- Police Officers: Issue emergency protection orders and enforce restrictions, including removal of aggressors from premises
- Court Officials: Review and grant extended protection orders, set specific conditions, and handle violations
- Social Workers: Support victims through the application process and connect them with resources
- Legal Representatives: Help victims navigate the legal process and represent their interests in court proceedings
How do you write a Protection Order?
- Personal Details: Gather complete information about both the protected person and the aggressor, including full names, addresses, and contact details
- Incident Documentation: Collect evidence of threats or violence - photos, messages, medical reports, police reports, and witness statements
- Safety Needs: List specific locations needing protection (home, workplace, school) and desired restrictions
- Risk Assessment: Document any history of violence, weapon possession, or previous protection orders
- Support Network: Include emergency contacts and details of any involved social services or counselors
What should be included in a Protection Order?
- Identity Details: Full legal names, addresses, and identification of protected persons and restricted parties
- Scope of Protection: Specific prohibited actions, minimum distance requirements, and protected locations
- Duration: Clear start date and expiration terms, with conditions for extension or modification
- Enforcement Terms: Consequences of violations and procedures for reporting breaches
- Legal Authority: Reference to relevant Austrian laws (Security Police Act) and court jurisdiction
- Official Validation: Court stamp, case number, and authorized signatures from relevant authorities
What's the difference between a Protection Order and a Restraining Order?
Protection Orders and Restraining Orders are often confused in Austrian law, but they serve distinct purposes and operate differently. While both aim to protect individuals from harm, their scope and implementation vary significantly.
- Emergency Response: Protection Orders provide immediate safety measures through police intervention, allowing instant removal of threats, while Restraining Orders require court proceedings first
- Duration and Scope: Protection Orders typically start with a two-week period and can be extended up to six months, whereas Restraining Orders often have longer initial durations and broader restrictions
- Application Process: Protection Orders can be issued on-site by police without court involvement, making them faster to obtain in crisis situations
- Enforcement Method: Protection Orders give police broader immediate powers to act, including forced removal from premises, while Restraining Orders rely more on court-based enforcement mechanisms
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