Background & Purpose
Many vulnerable individuals face ongoing harassment, stalking, or threats from former partners or other offenders, pointing to a need for stronger legal tools to prevent crimes before they happen.
Proposals & Debate
The government proposed a comprehensive update to the rules on restraining orders, making it easier to impose bans and covering new situations like digital or physical stalking and witness tampering. Opposition motions suggested alternative measures, but the focus remained on the government's comprehensive framework.
The Decision
Parliament approved the government's proposal for tougher restraining orders and turned down the opposition's counter-proposals.
Does this affect you?
- Crime victims and exposed individuals: Receives faster and wider protection through lower thresholds for extended restraining orders and inclusion of new stalking behaviors.
- Witnesses in legal processes: Gains protection from targeted pressure or intimidation prior to giving testimony in court.
- Perpetrators of domestic violence: Faces stricter and broader geographical restrictions following convictions for crimes in close relationships.
In Practice
- Inappropriate monitoring or tracking of someone is now added as a direct legal ground for issuing a restraining order.
- A new presumption rule means that a restraining order will automatically be considered justified following a conviction for serious crimes in close relationships.
- Extended and specially extended restraining orders will be easier to grant and cover larger geographical areas.
- Restraining orders can now be issued if someone is expected to pressure a person ahead of a legal process, such as a scheduled testimony.