How to Get a Restraining Order in Serbia
People facing domestic violence, threats, stalking, or persistent unwanted contact in Serbia may be able to obtain immediate protection. Serbian law provides several mechanisms, including emergency measures imposed through the police and prosecutor’s office, as well as longer-term protection measures ordered by a court.
The right procedure depends on the circumstances, the relationship between the people involved, and the level of immediate danger. A person does not need to wait until physical violence occurs. Threats, intimidation, harassment, psychological abuse, and repeated unwanted contact can also justify intervention.
Legal terminology may differ from the phrase “restraining order.” In practice, protection can mean banning the alleged perpetrator from approaching or contacting the victim, removing them temporarily from a shared home, or imposing broader measures through family or criminal proceedings.
What Protection Measures Are Available
The Law on Prevention of Domestic Violence allows authorities to impose emergency measures when there is an immediate risk of violence. The two principal measures are a prohibition on contacting and approaching the victim, and an order requiring the suspected perpetrator to leave the shared residence temporarily.
The police may issue an emergency measure after assessing the risk. It generally lasts for 48 hours. The public prosecutor can ask the basic court to extend it, and the court may extend the measure for up to 30 days. The court decides on that request quickly, without requiring the victim to wait through an ordinary civil lawsuit.
A longer-term protection order may also be requested under the Family Law. Depending on the facts, a court can prohibit the perpetrator from approaching the victim, restrict access to places such as the home or workplace, prohibit communication and harassment, or order removal from the family home. These measures can last for up to one year and may be extended when the legal conditions continue to exist.
Who Can Request a Restraining Order
A person experiencing domestic violence can report the conduct directly to the police by calling 192 or visiting a police station. A report can also be made through a public prosecutor’s office, social welfare centre, or health institution. Professionals who learn about suspected domestic violence may have duties to report it, particularly where a child or vulnerable person is at risk.
Under Serbian law, domestic violence is not limited to married couples. Protection may apply to current or former spouses, unmarried partners, people who share or have shared a household, relatives, former partners, and other people whose relationship falls within the statutory definition. Children can receive protection even when they are not the direct target of the conduct.
A Family Law protection proceeding can be initiated by the victim, a public prosecutor, or a guardianship authority, depending on the circumstances. The court may also impose measures in connection with another proceeding when the evidence indicates that protection is necessary. A person does not have to prove the entire criminal case before seeking safety measures.
How The Procedure Usually Works
When reporting violence or threats, describe specific events rather than using only general terms. Include dates, locations, words used, physical acts, property damage, threats involving children, weapons, alcohol, or suicide, and any previous incidents. Explain whether the alleged perpetrator knows where you live, work, or study and whether they have ignored previous warnings.
The police should conduct a risk assessment and record the report. Officers may interview the victim and the alleged perpetrator separately, collect available information, and notify the prosecutor. If an immediate danger exists, the police can issue an emergency measure and inform the person subject to it about its content and consequences.
A victim should ask for the case or report reference number and, where possible, the name or identification details of the officers who received the report. Keep copies of medical records, messages, photographs, call logs, court documents, and written complaints. A trusted person can accompany the victim, although safety takes priority over collecting evidence.
The exact route can differ when the person seeking protection is a child, a foreign national, a person with a disability, or someone who cannot safely return home. A social welfare centre can help coordinate temporary accommodation, child protection, psychological support, and communication with other institutions.
Evidence And Court Considerations
Evidence may include medical documentation, photographs of injuries or damaged belongings, text messages, emails, social media messages, voicemail recordings, witness statements, police records, and proof of earlier emergency interventions. A consistent timeline is useful because it helps authorities assess escalation and ongoing risk.
Victims should preserve original digital material where possible. Do not edit screenshots, delete messages, or place yourself in danger to obtain additional evidence. Save copies in a secure account or give them to a trusted person. If monitoring of a phone or online accounts is suspected, use a safer device and change passwords only when doing so will not increase the risk.
The court considers the seriousness and frequency of the conduct, the relationship between the parties, prior violence, threats, access to weapons, substance misuse, violations of earlier measures, and the presence of children. The victim’s statement is important, but a person does not need to produce a perfect collection of documents before asking for protection.
Violation of an emergency measure or a court-ordered protection measure can have legal consequences. Report every breach promptly, even if the contact appears brief or the perpetrator claims it was accidental. A breach may demonstrate increased danger and can lead to further police or prosecutorial action.
| Protection route | Who usually acts | Typical duration | Main purpose |
|---|---|---|---|
| Emergency prohibition on contact and approach | Police, with possible court extension | 48 hours, extendable up to 30 days | Immediate separation and safety |
| Emergency removal from shared home | Police, with possible court extension | 48 hours, extendable up to 30 days | Temporarily remove the alleged perpetrator |
| Family Law protection measure | Court, on a legally authorized request | Up to one year | Longer-term restrictions on contact, approach, harassment, or residence |
| Criminal proceedings | Police and public prosecutor | Depends on the case | Investigate and prosecute criminal conduct |
What To Do During An Emergency
If violence is happening or appears imminent, leave for a safer location if possible and call the police. Avoid confronting the alleged perpetrator about the report or warning them that evidence has been collected. If leaving is unsafe, move toward an exit, avoid rooms containing weapons or hard surfaces, and contact emergency services when it can be done safely.
Prepare essential documents, medication, keys, money, children’s necessities, and important phone numbers if doing so will not expose the plan. A safety plan can include a code word with neighbours or relatives, a place to stay, transport arrangements, and instructions for a school or childcare provider.
Children should not be used to deliver messages or negotiate contact. If a protection measure affects visitation, follow the instructions of the competent authorities and seek legal advice before making informal arrangements. Any exchange of children should take place in a way that reduces direct contact and complies with applicable decisions.
Local support organizations and legal aid providers can help explain available options and assist with communication with institutions. NOMCENTAR NGO works with civic and community partners; information about its wider network is available through its partner organizations, which may be useful when looking for local support.
Practical Steps For Building A Safety Record
A careful record can help demonstrate a pattern of conduct while also keeping information organized for the police, prosecutor, court, or social welfare centre. Write down each incident as soon as possible, using neutral descriptions and noting who witnessed it. Keep records somewhere the alleged perpetrator cannot access.
The following steps can support a safer and clearer report:
- Record the date, time, location, conduct, threats, witnesses, and any injuries after each incident.
- Save messages, emails, call records, photographs, medical reports, and copies of earlier complaints.
- Tell a doctor, social worker, school official, or trusted person about the violence and ask that relevant observations be documented.
- Inform the authorities immediately about any breach of an emergency or court-ordered measure.
- Obtain advice from a qualified lawyer or free legal aid service before making decisions about housing, children, property, or court proceedings.
Free legal aid may be available through a local self-government unit, depending on eligibility and the type of assistance required. A lawyer or legal aid provider can help identify whether emergency measures, Family Law protection, criminal reporting, divorce, custody proceedings, or several procedures should be pursued together.
A restraining order is one part of a broader safety and legal response. The most urgent priority is protection from immediate harm, followed by accurate reporting, secure evidence, medical and social support, and advice tailored to the facts. Serbian procedures can be difficult to navigate alone, especially when housing, children, finances, or immigration status are involved.
NOMCENTAR NGO provides legal education and support for citizens and community organizations. For information about available assistance and how to reach the organization, use the contact information and describe the situation as clearly and safely as possible.