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A Restraining Order (einstweilige Verfügung) is a court-issued protection measure that keeps one person away from another for safety reasons. Under Austrian law, these orders help protect people from harassment, domestic violence, or stalking by legally requiring the threatening party to maintain distance and avoid contact.

Austrian courts can issue these orders quickly, typically within a few days of application. They're enforceable throughout Austria and can restrict someone from entering specific places, like your home or workplace. The initial order usually lasts for 6 months, though victims can request extensions. Breaking a restraining order is a criminal offense in Austria, leading to fines or even imprisonment.

Consider seeking a Restraining Order when you face immediate threats to your safety or well-being in Austria. Common situations include experiencing domestic violence, persistent stalking, harassment at work or home, or threatening behavior from a former partner. The key is to act quickly when you feel unsafe or threatened.

Austrian courts prioritize cases where there's clear evidence of physical threats, intimidation, or unwanted contact that disrupts your daily life. Document all incidents with dates, times, and details. Save any threatening messages, take photos of injuries, and gather witness statements. This evidence strengthens your case and helps courts understand the urgency of your situation.

• Domestic Violence Restraining Orders: Protect victims from abusive family members or partners, restricting contact and requiring the abuser to leave shared residences
• Anti-Stalking Orders: Combat harassment and unwanted pursuit, including digital stalking and workplace harassment
• Property Access Orders: Prevent specific individuals from approaching your home, workplace, or other designated locations
• No-Contact Orders: Prohibit all forms of communication, including phone calls, messages, emails, and social media contact
• Temporary Emergency Orders: Provide immediate protection while a longer-term restraining order application is processed through Austrian courts

• Victims/Applicants: People seeking protection from harassment, violence, or stalking who file for the Restraining Order through Austrian courts
• Legal Representatives: Lawyers who help draft and file the applications, present evidence, and advocate for their clients in court
• Law Enforcement: Police officers who enforce Restraining Orders and respond to violations
• Court Officials: Judges and administrative staff who review applications, issue orders, and oversee compliance
• Restricted Parties: Individuals who must comply with the order's terms, maintaining required distances and avoiding specified contact

• Document Incidents: Record all threatening events with dates, times, and detailed descriptions
• Gather Evidence: Collect photos, screenshots, messages, emails, and witness statements supporting your case
• Personal Details: Compile accurate contact information and addresses for both yourself and the person to be restricted
• Safety Information: List specific locations needing protection (home, workplace, school) with exact addresses
• Proof of Identity: Prepare official ID documents and any previous court orders or police reports
• Contact Information: Note emergency contacts and your legal representative's details

• Identification Details: Full legal names, addresses, and birth dates of both protected and restricted parties
• Prohibited Actions: Clear description of banned behaviors (approaching, contacting, visiting specific locations)
• Geographic Scope: Precise distances and locations where the order applies
• Duration Terms: Specific start and end dates of the restraining order
• Legal Authority: Reference to relevant Austrian laws (especially §382b-g EO)
• Enforcement Terms: Consequences for violations and contact information for relevant authorities
• Official Signatures: Court official's signature, court seal, and date of issuance

A Restraining Order differs significantly from a Protection Order in several key aspects, though both serve protective functions under Austrian law. Understanding these differences helps ensure you choose the right legal tool for your situation.

• Scope and Duration: Restraining Orders typically focus on keeping specific individuals apart, while Protection Orders can include broader safeguards like financial protection or child custody arrangements
• Application Process: Restraining Orders require immediate danger evidence and can be issued quickly, while Protection Orders often need more detailed documentation and longer court proceedings
• Enforcement Mechanisms: Restraining Orders are primarily enforced by police and carry immediate criminal consequences if violated, while Protection Orders may involve multiple authorities and civil penalties
• Geographic Coverage: Restraining Orders specify exact distances and locations, while Protection Orders can include more comprehensive territorial restrictions and safety measures