In 2023, 662 people were given a temporary restraining order, a threefold increase since 2020. The measure is intended to give families breathing space and prevent the escalation of violence, but is not always adhered to.
Since 2013, the Public Prosecution Service has been able to intervene through the law on temporary restraining orders when a person poses a serious and immediate danger to his housemates. The person concerned may then no longer enter his home for at least fourteen days and must avoid contact with family members. In the meantime, there is mandatory supervision by a judicial assistant and afterwards the family court can extend the restraining order for a maximum of three months. The law remained a dead letter for a long time, but under the government of Flemish Minister of Justice Zuhal Demir (N-VA) it has been used more often. In 2020, 217 temporary restraining orders were imposed, last year this already happened 662 times. The measure expires on average after just under 70 days.
The restraining orders are primarily aimed at prevention. They must defuse potentially dangerous situations while professionals investigate how people can still live together. The system is most often used in regions where the framework is historically stronger. For example, the court in Antwerp imposed a ban 191 times, Hasselt (89 times) and Tongeren (86 times) are other Flemish outliers. Demir attributes the growing success of the measure to increased awareness of the matter among the police and the public prosecutor’s office. For the entire year of 2023, there were 662. “Flanders invested heavily in tackling intimate partner violence during this legislature. At the end of last year we opened no fewer than five Safe Houses that support families, bringing the total to nine. This will also have an impact on stay-at-home orders in those provinces,” says the minister.
Pascale Franck, coordinator of the Family Justice Center/Safe House in Antwerp, believes that a temporary restraining order can certainly make a difference. A pilot project by the organization in which families receive additional guidance in addition to the judicial assistant during the duration of the sanction, is showing promising results. With this approach, which is financed by the city of Antwerp, they work together on underlying problems. The threat of violence sometimes arises, for example, from financial stress, housing problems or drug and alcohol addiction. Good guidance can make a significant difference.
The system is not flawless, however. “It is difficult to determine whether the restraining order is being complied with. Perpetrators of intimate terror in particular cannot always be stopped,” says Franck. A pilot project will soon start in which people with such a ban will wear a GPS tracker. When they come near their home, an alarm goes off at the appropriate authorities and action can be taken. “It doesn’t provide complete guarantees, but it is part of the puzzle to solve the problems and it can be a gateway to help,” Franck said.
