How to Get a Restraining Order in Austria (2026): Police Barring Orders & Court Protection

Understanding how to get a restraining order in Austria is critical for anyone facing domestic violence, stalking, or threats to their physical safety. Austrian law provides two distinct, and complementary, routes to protection: an immediate police barring order (Betretungs- und Annäherungsverbot) that can be imposed on the spot, and a longer-term civil protection order issued by the district court (Bezirksgericht) under the Protection Against Violence Act (Gewaltschutzgesetz). This guide walks through both paths step by step, covering emergency contacts, required forms, evidence, timelines, costs and legal aid so that victims and their supporters can act quickly and with confidence.

The information below is general legal guidance, not a substitute for personalised legal advice, anyone facing an immediate threat should contact the police on 133 without delay.

Immediate Steps: Call Police and Emergency Measures

If you or someone you know is in danger, the single most important action is to contact the Austrian police immediately. The police have broad powers to intervene on the spot and can impose an emergency barring order in Austria within minutes of arriving at the scene.

When to Call, Emergency vs Non-Emergency

Dial 133 (Austrian police emergency number) or 112 (EU-wide emergency number) whenever there is an imminent threat to life, health or safety. If the situation is not immediately life-threatening but you need to report violence or seek advice, you can visit your local police station in person during opening hours or call the Women’s Helpline on 0800 222 555 (free, 24/7, multilingual).

What the Police Can Do on Arrival

Austrian police officers responding to a domestic violence call have the legal authority to:

• Evict the threatening person from the shared home immediately and prohibit them from re-entering.
• Impose a proximity ban covering the surrounding area of the residence and, where applicable, the victim’s workplace or children’s school.
• Confiscate keys from the person subject to the order.
• Supervise compliance, police must check that the order is being respected within the first three days after it is issued.

Discretion for imposing a police barring order lies exclusively with the police; the victim does not need to file a formal application for this initial step.

Actions You Should Take Immediately

• Take photographs of any injuries and any damage to property, with timestamps.
• Record the date, time and location of each incident in writing.
• Seek a medical examination and keep the report.
• Note the names and contact details of any witnesses.
• Save threatening messages, voicemails or screenshots (with visible dates).

Police Barring Orders in Austria: What They Are and How They Work

The police barring order (Betretungsverbot) is the fastest route to protection available under Austrian law. It is grounded in the Security Police Act (Sicherheitspolizeigesetz, SPG) and is reinforced by the Protection Against Violence Act. The order takes effect immediately and does not require court approval in advance.

What a Police Barring Order Does

Once issued, the barring order prohibits the respondent from entering the victim’s home and its immediate surroundings. It also includes a no-contact and no-approach rule. The respondent must hand over all keys and is informed by police of the consequences of breaching the order. Any breach can result in arrest and criminal penalties.

Duration and Immediate Enforcement

A police barring order in Austria is issued for a period of two weeks. During this time, police are required to supervise compliance, specifically within the first three days. If the victim applies for a court protection order during the two-week window, the police barring order is automatically extended until the court decides on the application. This mechanism ensures there is no gap in protection.

Evidence Police Will Record

Officers attending the scene will document:

• An incident report describing the threat or violence observed.
• Statements from the victim, the respondent and any witnesses.
• Visible injuries (photographs taken by police where appropriate).
• The respondent’s personal details and the address covered by the order.

This police file becomes a key piece of evidence if you later apply for a court protection order.

What to Tell the Police, Practical Guidance

When speaking to police, be as specific as possible. Industry observers and experienced practitioners recommend using clear, factual language such as:

• “I am afraid for my safety because [name] has [describe specific acts, hit me, threatened to kill me, blocked me from leaving].”
• “This has happened before on [dates]. I have [photos / messages / medical reports] as evidence.”
• “I want a barring order. I do not feel safe if [name] remains in or near this home.”

You do not need to press criminal charges for the police to issue a barring order, although you may choose to do so separately.

How to Apply for a Court Protection Order in Austria

For longer-term safety, victims can apply for a civil court protection order under the Protection Against Violence Act. This order is separate from any criminal proceedings and can be requested whether or not criminal charges have been filed.

Where to Apply, the Bezirksgericht (District Court)

The application must be filed at the district court (Bezirksgericht) for the victim’s place of residence. You can submit the application in writing, in person at the court office during business hours, or through a lawyer. The Austrian judiciary website provides court addresses and contact details for every district.

Who Can Apply for a Court Protection Order

The following persons are entitled to apply:

• The victim, any person who has been subjected to violence or credible threats.
• A legal guardian, on behalf of a minor child or an adult lacking legal capacity.
• A victim support organisation, such as a Gewaltschutzzentrum, acting with the victim’s consent.
• A lawyer or legal representative, filing on the victim’s behalf.

Applications can be made on behalf of children living in the household, even if the direct violence was directed at another family member. The family court can issue a protection order independently of any divorce proceedings.

Required Forms and How to Complete Them

While there is no single mandatory template, the application should include:

• Personal details of the applicant and the respondent (full name, date of birth, address).
• Description of the threat or violence, be specific about dates, times, locations and what happened.
• The protection measures requested, e.g., prohibition on entering the home, no-contact order, temporary custody arrangements.
• Supporting evidence, police report number, medical certificates, photographs, witness statements, screenshots of threatening messages.

Application forms and guidance documents can be obtained from the court registry, victim support centres, or through the Austrian judiciary portal. The application can be made orally on the court record during office hours if the applicant does not have written materials prepared.

What the Court Can Order

The court has wide discretion and can impose measures including:

• Ordering the respondent to leave the shared home and prohibiting re-entry.
• Imposing a no-contact and no-approach zone around the victim’s residence, workplace or children’s school.
• Granting temporary sole use of the home to the victim.
• Making interim custody and contact arrangements for children.
• Requiring the respondent to surrender keys and personal property belonging to the victim.

In urgent cases, Austrian courts have the established practice of issuing interim protection orders without first hearing the respondent, a position upheld by domestic case law and consistent with European Court of Human Rights jurisprudence.

Evidence and Documentation Checklist for a Restraining Order in Austria

Strong evidence significantly improves the likelihood of obtaining, and enforcing, a court protection order. The following checklist covers the most common types of evidence accepted by Austrian courts:

• Police report reference number, obtain this from the officers who attended the scene.
• Medical reports and photographs of injuries, attend a hospital or GP as soon as possible; ask for dated, signed documentation.
• Photographs of property damage, include timestamps (use your phone’s automatic date/time feature).
• Screenshots of threatening messages, capture the sender’s name or number, the message content, and the date/time. Do not crop metadata.
• Call logs and voicemails, save and back up any recordings showing threats or harassment.
• Witness statements, ask neighbours, friends or family members who witnessed incidents to write signed, dated statements.
• A personal incident diary, record dates, times, locations and descriptions of each event in chronological order.
• Any prior police reports or court orders, a history of repeated incidents strengthens the application.

Preserving Digital Evidence

Take full-screen screenshots rather than cropped images, and include visible metadata (date, time, sender ID). Back up evidence to a cloud service or email it to yourself so copies exist outside the shared home. If there is a risk that the respondent may access your devices, consider storing files with a trusted friend or your lawyer.

Early indications from practitioners suggest that Austrian courts are increasingly willing to accept authenticated digital evidence, including chat logs, social media posts and GPS data, provided it is presented with clear provenance and timestamps.

Timelines, Hearings, Extensions and Enforcement

Understanding how long each stage takes is essential for anyone wondering how to get a restraining order in Austria and what to expect after filing.

Key Timeline

Extensions and Enforcement

If a victim applies to the Bezirksgericht for a protection order during the two-week police barring period, the barring order is automatically extended until the court has reached its decision. The court may then issue its own protection order for a period it considers appropriate, the likely practical effect being that protection extends well beyond the initial two weeks. Enforcement of all protection orders is carried out by the police, who can arrest a respondent who breaches the terms.

Comparing Protection Measures in Austria

How to Get a Barring Order Lifted or Varied

Either the respondent or the protected person may apply to the court to have a protection order varied or lifted. The respondent would need to demonstrate a genuine change of circumstances, for example, completion of an intervention programme or evidence that the risk no longer exists. The victim may also request modification if their needs have changed.

Applications to lift or vary a court protection order are filed with the same Bezirksgericht that issued the original order. The court will assess the current level of risk, consider any supporting evidence from both parties, and may hold a hearing before deciding. Legal representation is strongly recommended for these applications, as the court must balance safety concerns against individual rights. Appeals against court decisions can be taken to the Landesgericht (regional court).

Costs, Legal Aid and Finding a Lawyer

Court fees for protection order applications in Austria are modest, and in many domestic violence cases, court costs may be waived or reduced for the applicant. Legal aid (Verfahrenshilfe) is available for individuals who cannot afford legal representation, eligibility is assessed based on income and assets, and applications can be submitted at the Bezirksgericht or through victim support centres.

Victim support organisations such as the Gewaltschutzzentren and the Interventionsstellen provide free initial advice, can assist with completing applications, and will accompany victims to court if needed. For specialist legal representation, the Global Law Experts family law directory and the Austria lawyer directory list qualified family law practitioners with experience in protection order cases.

Taking Action: How to Get a Restraining Order in Austria

Austrian law provides a robust, layered system of protection for victims of domestic violence and threats. The immediate route, calling 133 for a police barring order, delivers same-day safety. The court route, applying to the Bezirksgericht for a civil protection order, provides longer-term legal safeguards that can include custody and contact provisions. Gathering thorough evidence, acting within the two-week police barring window, and seeking professional legal advice will strengthen any application. If you need guidance on how to get a restraining order in Austria, consult a qualified family law specialist or browse the Austria lawyer directory to find expert support.

This article provides general information about restraining orders and protection measures in Austria. It does not constitute legal advice. For guidance specific to your situation, please consult a qualified Austrian family law practitioner.

Sources

1. Bundesministerium für Frauen, Wissenschaft und Forschung, Domestic Violence
2. Gewaltschutzzentren Österreichs, Restraining Order Brochure (English)
3. Österreich.gv.at, Domestic Violence Guidance
4. Justiz.gv.at, Austrian Judiciary
5. Baker McKenzie Resource Hub, Austria Protection Orders
6. Institut für Konfliktforschung, INASC Legal Framework Report
7. HUDOC, Kurt v. Austria (ECHR)
8. European e-Justice, Mutual Recognition of Protection Measures