This paper reviews the nature and enforcement of restraining orders under Slovenian law and assesses the appropriateness of using restraining orders in domestic violence cases.
In the Republic of Slovenia, restraining orders prohibit the subject of the order from entering a specified space or coming within a certain distance of a specified person. Restraining orders are authorized under Slovenia's Criminal Procedure Act and the Police Act. Under criminal law, a restraining order can be used by a court to prevent an accused person from entering a crime scene to destroy evidence, communicate with witnesses or accomplices, repeat a crime, or commit a threatened crime. Under the Police Act, restraining orders can be part of a court's response to a misdemeanor, particularly one that involves violence or the risk of violence. Restraining orders have been used as a tool for dealing with domestic violence, as perpetrators or suspects have been the subjects of restraining orders that prevent them from entering places where victims or potential victims reside or work, as well as prohibit them from being present in the vicinity of the person regardless of location. This paper provides details on how the restraining order is crafted under Slovenian law and how it differs from restraining orders under Austrian law, which has been used by a number of countries as a model. In examining the theoretical and practical aspects of implementing and enforcing restraining orders, the authors note problems in including juveniles as the subjects of such orders, as well as the indeterminate and partial regulation of restraining orders. They argue that the strict enforcement of restraining orders would constitute an unreasonable encroachment on a person's privacy, freedom of movement, and the right to personal property. Further, they propose the crafting of a special law that will deal more appropriately and effectively with domestic violence cases. 5 notes and 9 references
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