Fighting Domestic Violence

Finland

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4. Protection for domestic violence victims and relief granted
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4. Protection for domestic violence victims and relief granted Start Comparison
4.1 Civil protection orders
4.1.1 Are there civil protection orders available to victims of domestic abuse?

The police or another authority can order a perpetrator to vacate the residence of the victim for a sufficient period by issuing an emergency barring order. Emergency barring orders can be applied for prior to civil or criminal proceedings being started.[10] In Finland, an individual may apply for one of these and parents can apply for these orders on behalf of minor children. 

Finland has enacted into law EU Regulation 606/2013 on restraining orders.[11]

Basic restraining order

A person subject to a restraining order may not meet the person under protection or otherwise contact or try to contact them. It is also forbidden to follow and observe the person under protection.

Inside-the-family restraining order

A person subject to an inside-the-family restraining order must leave the residence where they and the person under protection live permanently together, and not return there.

Extended restraining order

This restraining order applies to being in the vicinity of the permanent residence, holiday residence or workplace of the person under protection or in the vicinity of another comparable place specified separately.[12]
4.1.2 Who can petition for civil protection orders?
Anyone who feels threatened or harassed by someone and can show justified cause can apply for a restraining order. If the person being threatened is unable or too afraid to apply for a restraining order personally, the public prosecutor, the police or the social services can do it for them.
4.1.3 Are there temporary custody of a child or child support orders?

Section 9 of the Child Custody and Right of Access Act allows a court to order that child custody be awarded to one or more persons who have consented to this in addition to or instead of a parent or the parents.

Section 17 of the Child Custody and Right of Access Act allows the court to issue interim orders concerning the child's residence and right of access when a case concerning child custody or right of access is pending in a court. For a special reason, a court may issue an interim order determining who is awarded the custody of the child and who has the right to receive confidential information concerning the child.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
N/A
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
The Act on Restraining Orders (898/1998) provides for the imposition of a restraining order to prevent a crime against life, health, liberty or privacy, the threat of a crime or any other kind of severe harassment. If the person who feels threatened and the person against whom a restraining order is requested live permanently in the same residence, an inside-the-family restraining order may be issued to prevent a crime against life, health or liberty or the threat of a crime.
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?

Anyone who feels threatened or harassed by someone and can show justified cause can apply for a restraining order. If the person being threatened is unable or too afraid to apply for a restraining order personally, the public prosecutor, the police or the social services can do it for him/her.[13]

Parents can also apply on behalf of minors.
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?

A basic restraining order is restricted to a one-year period. In relation to inside-the-family restraining orders, these are short-term and they may be imposed for three months at most.

There is also the concept of a temporary restraining order. Implementing this order is decided by an official with the power of arrest or by a court, and it happens under short timescales, e.g., within three days.
4.1.8 Are ex parte orders permitted without the aggressor being present?
Yes, the person who the order is against is not required to be present at court.[14]
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
Yes, on behalf of minors, parents can apply for emergency barring orders. 
4.1.10 How long do the orders last?
Basic restraining orders can last for one year or three months for those relating to interfamilial restraining orders. On renewals, a basic order can be extended for two years and an inside-the-family restraining order can be extended for a further three months.
4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.

Respondents in Finland were not able to provide data on the number of emergency barring orders, as well as the number of civil and criminal court protection orders issued, according to the Women Against Violence Europe Report 2015 on emergency barring orders.[15]

4.2 Steps for receiving a protective order
4.2.1 What documentation is needed to obtain a civil protection order?

A restraining order request may be made orally or in writing using a specific form. Directive 2011/99/EU and Regulation (EU) No 606/2013 are laid down in the Act on Restraining Orders.

The following evidential documentation is helpful to support a submission for a restraining order to a court:[16]

  • medical certificates
  • copies of medical reports
  • social authority records
  • shelter home records
  • letters
  • emails and text messages
  • records of received phone calls and attempted calls: number of calls, times and content
4.2.2 Does the victim need to attend a hearing?
N/A
4.2.3 Can you request remedies?
N/A
4.2.4 Are there time limits?
N/A
4.2.5 Are there different rules in emergencies?
The police can issue temporary restraining orders if necessary. A formal restraining order will be processed by the court later.[17]
4.3 Judicial discretion
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

General courts (district courts, appeal courts and the Supreme Court) are bodies that are capable of ordering protection measures.[18]

4.3.2 Are there age limits on who can obtain orders?
N/A
4.4 Restitution and remedies available to victims
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
When petitioning for a restraining order, the parties themselves are liable for the costs arising from the consideration of a case. However, if there are weighty reasons to do so, the court may order a party to pay for part or all of the reasonable legal costs of the opposite side. No court fee is charged.[19]
4.4.2 Can they recover wages and profits lost?
N/A
4.4.3 Is a separate civil process required?
N/A
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