The Riigikogu, Estonia’s parliament, has approved amendments to the Law Enforcement Act designed to provide quicker protection for victims of domestic violence. The changes, passed on Wednesday, allow authorities to impose a restraining order of up to 72 hours on individuals threatening a victim.
Enhanced Protection Measures
The amendments to Section 44 of the Law Enforcement Act aim to address a critical gap in victim safety, particularly when the risk of repeated violence is present. According to the Ministry of the Interior, the novel law will provide better and faster protection in these situations.
Prior to this change, Estonian restraining orders lasted only 12 hours – significantly less than those in neighboring Latvia (up to eight days) and Lithuania (up to 15 days). This shorter duration was identified as insufficient by experts from the Council of Europe, who noted it did not align with the requirements of the Istanbul Convention.
The process for imposing a restraining order will involve completing a domestic violence information sheet and a risk assessment form, alongside details of the incident and any previous related callouts. All decisions must be documented in writing.
Distinction from Protection Orders
The Ministry of the Interior clarified that a restraining order differs from a protection order. A restraining order is an immediate measure taken by police when there is an imminent risk of violence, offering initial security and time for the victim to seek assistance. A protection order, conversely, requires the victim’s consent and is a judicial process that takes more time.
Interior Minister Igor Taro (Eesti 200) stated that while this amendment is a significant step, “a single legislative amendment will not solve the problem; much work remains to be done in prevention and follow-up measures.”
Timo Suslov (Reform Party), head of the Riigikogu support group for ending domestic violence and violence against women, emphasized that the restraining order is a temporary measure designed to protect the victim by prohibiting the perpetrator from returning to the location of the violence.
Frequently Asked Questions
What is the purpose of a restraining order?
A restraining order is a rapid, on-the-spot measure police can apply immediately when there is a risk that violence may recur or escalate. It provides the victim with an initial sense of security and time to assess the situation.
What types of abuse are considered domestic violence?
Domestic violence is multifaceted and includes not only physical violence, but also psychological abuse – such as humiliation, control, and intimidation – and increasingly, digital abuse like constant monitoring and harassment via phone and social media.
When will these changes take effect?
The legislative amendments will enter into force after they are promulgated by the president.
As the amendments await promulgation, it remains to be seen how this expanded timeframe for restraining orders will impact victim safety and the broader response to domestic violence in Estonia.
