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What is a protection order … and how do I get one?

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If you or a loved one is suffering from violence, harassment, or threats from another family member, you may want to get a protection order.

A protection order is a document that bans another family member from hurting you or communicating with you in any way, whether by phone, email, face to face, or through another person. You can get it from your local police. Once you have a protection order, the police must make sure that your family member does not continue to hurt you (Law Against Family Violence, Art. 29).

You get a protection order from your local police officer. When you go to the police, they will ask you to write a complaint about the family violence you have suffered (Law Against Family Violence, Art. 26). After they have confirmed the information in your complaint, they will give you a document – the protective order – that requires your family member to follow certain conditions, such as not communicating with you and not committing violence against you.

The police are required to issue your protection order within 24 hours and must enforce it for a minimum of 3 days (Art. 27(1)). The police will also inform the person who has hurt you or your loved one about the protection order, its conditions, and may require them to go through counseling or corrective training.

Once you have received a protection order, the police are required by law to:

  1. Make sure that all of the conditions of the protection order are fulfilled;
  2. Inform local social service agencies that you or a loved one has suffered family violence;
  3. Transport you or your loved one to a medical facility (hospital) or a safe place if you request;
  4. If you ask, extend the length of time that you or your loved is protected by the protection order from a minimum of 3 days to up to 30 days;
  5. If you or your loved one is younger than 18, inform your local child services agencies about the violence. (Art. 25).

If you have a protective order against someone but he or she continues to threaten you or break the conditions of the order, you have the right to go to court. (Law Against Family Violence, Art. 30(1), 32(1), Code of Misdemeanors of the Kyrgyz Republic, Art. 76). The court may require that person to conduct 40 to 60 hours of community service, to pay a fine, to leave your shared home for 1 to 6 months, and limit his or her parental rights, among other possible sentences (Law Against Family Violence, Art. 32(1)).

In summary:

  • A protection order can protect you or a loved one from a violent family member;
  • To get one, go to your local police and request a protection order;
  • The police are required by law to take your complaint seriously, to issue a protection order if family violence is occurring, and to enforce the protection order;
  • If your relative continues to be violent, you can appeal to your local prosecutor, advocate, or court for more help.

Need help or more legal advice? CONTACT US.

Are you worried about going to the police or not sure how to talk with them about the problems you’re facing? We’ll have information available soon on tips to interacting with the police. In the meantime, you can contact us for guidance and advice.

Links to laws referenced in the text: