Restraining orders in Sweden

The Restraining Orders Act was introduced in Sweden in 1988. The fundamental objective of the Act is to prevent crimes against, and to create a sense of security for, individuals who are subject to stalking and harassment. The law is drafted in a gender-neutral way, but it is clear from the preliminary work conducted in connection with the formulation of this legislation that the Act was in particular intended to be applied in situations in which a woman is exposed to violence or threats within a relationship or where a man is harassing and stalking a woman in connection with the break-down of an intimate relationship.

On 1 September 2003, the law was extended by the inclusion of two new forms of restraining order: the specially extended restraining order and the domestic exclusion order. Under a specially extended restraining order, individuals may be ordered to stay away from areas of particular importance to the victim. Under the domestic exclusion order, the victim’s partner may be ordered to stay away from the couple’s shared residence for a maximum of one month.

At the time the law was extended, The Swedish National Council for Crime Prevention (Brottsförebyggande rådet – Brå) was instructed by the government to evaluate the new regulations. The Council’s remit included describing the implementation and effects of the new regulations, and describing any impediments to effective implementation of the law and the realization of its aims. A further aim of the evaluation was to provide a basis for assessing the need for adjustments to the system of regulation and its practical implementation, and specifically to illuminate the issue of how the needs of children are addressed in connection with decisions to issue restraining orders.