A restraining order is a court measure that prohibits someone from contacting you. It is imposed by a judge, usually in the context of stalking, harassment, or domestic violence. To obtain a restraining order you need evidence of the unwanted behaviour.
What is a restraining order?
A restraining order prohibits a person from contacting the victim in any way: in person, by phone, via messages, email, or social media. It may also include a proximity ban, preventing the person from entering your neighbourhood. Violating a restraining order is a criminal offence and can lead to arrest.
Conditions for a restraining order
To obtain a restraining order, several conditions must be met:
- There is repeated unwanted contact. A single incident is usually insufficient
- Your peace, or that of your family, is seriously disturbed
- You can substantiate the pattern with evidence such as messages, photos, witness statements, or a detective report
- The behaviour constitutes harassment as defined in Article 442bis of the Penal Code
How to apply for a restraining order: four options
In Belgium there are four legal routes to obtain a restraining order:
1. File a complaint with the police
You can file a complaint for harassment at any police station. Bring all supporting documents: screenshots of messages, an overview of incidents, and where possible, a report from a private detective. Always ask for a complaint receipt and a copy of your police report. Many police zones offer specialist support, such as a stalking alarm.
2. Complaint with civil-party status before the investigating judge
If a standard police complaint produces insufficient results, you can, through your lawyer, file a complaint with civil-party status before the investigating judge. This is a more serious procedure: the investigating judge can impose a restraining order or proximity ban, and in the event of a violation, order pre-trial detention. Contact the criminal court of your judicial district for the practical procedure.
3. Condition imposed by the criminal court
When your harasser appears before the criminal court, the judge may impose a restraining order or proximity ban as a probationary condition. The harasser must comply to avoid imprisonment.
4. Summary proceedings before the civil court
Through summary proceedings you can quickly request a restraining order. This order can also be linked to a penalty fine: for each violation the harasser pays a fixed amount. You will need a lawyer for this.
Applying for a restraining order against an ex-partner
In most harassment cases the perpetrator is known to the victim, often an ex-partner. Although police response to stalking complaints has improved, complaints about an ex-partner are sometimes still dismissed as a "relationship issue". Do not be deterred: everyone has the right to be left in peace. A professionally substantiated file with objective evidence is taken more seriously by police and courts than a verbal statement alone.
How a private detective helps with a restraining order
A private detective objectively documents each incident: date, time, location, and identity of the person. This professional file is considerably stronger than your own statements alone. At Atlas Detectives we provide legally valid evidence usable by police, investigating judges, and courts.
- Objective documentation of each incident with exact times
- Photo and video evidence, gathered lawfully
- Identification of the person harassing you
- Assembly of a file demonstrating the pattern of harassment
- Documentation of violations if you already have a restraining order
- Free testimony in court
Are you already being stalked? Read more about stalking and harassment.
Frequently asked questions about restraining orders
How long does a restraining order last?
The duration depends on the procedure and the judge. A restraining order as a probationary condition usually lasts for the duration of the probation period (1 to 5 years). Via summary proceedings the judge determines the term. A restraining order can be extended if the situation requires it.
What if the restraining order is not respected?
Violation of a restraining order is a criminal offence. If you find the order is being violated, file a complaint with the police immediately. A private detective can objectively document the violations, strengthening your file for further legal steps.
Can I apply for a restraining order without a lawyer?
For a police complaint, no lawyer is needed. For a complaint with civil-party status or summary proceedings, a lawyer is necessary. We recommend seeking legal advice in any case.
What does it cost to apply for a restraining order?
A police complaint is free. A complaint with civil-party status or summary proceedings involves legal costs. Contact a lawyer for an estimate. The first consultation with Atlas Detectives is always free.
Also see our private client services or read more about stalking and harassment.
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