Restraining Orders in Poland: How They Work for Foreigners

A restraining order in Poland is a general term for legal measures that require a person to stay away from another person, avoid contact, leave a shared home, or refrain from entering specified places. Polish law does not use one uniform “restraining order” procedure. The available protection order, no-contact order or DV restraining measure depends on whether the case concerns domestic violence, criminal proceedings, or a final criminal conviction.

These measures apply to foreign nationals in Poland on the same general basis as to Polish citizens. Nationality does not prevent a victim from seeking protection and does not exempt an accused person from complying with an order issued by the police, prosecutor or court.

What forms of restraining order exist in Poland?

In practice, a restraining order Poland case may involve one or several of the following measures:

• an immediate police order to leave a jointly occupied dwelling;
• a prohibition on approaching the dwelling, the protected person or designated locations;
• a no-contact order, including a ban on direct, telephone, electronic or online contact;
• a criminal procedural measure imposed while an investigation or trial is pending;
• a criminal-law measure imposed by a court in a judgment.

The scope of the order matters. An order may identify a minimum distance, prohibit communication through third parties, or cover a workplace, school, nursery, medical facility or another place regularly attended by the protected person. The wording of the decision determines what conduct is prohibited.

DV restraining orders and immediate police protection

Where domestic violence creates a threat to life or health, Polish police officers may issue an immediate order requiring the person posing the threat to leave the jointly occupied dwelling and its immediate surroundings. The police may also prohibit approaching the dwelling and, in relevant circumstances, prohibit approaching or contacting the person experiencing domestic violence. Restrictions may additionally cover places where that person works, studies or regularly stays.[3][4]

An immediate police order is generally effective for 14 days. It is intended to create rapid physical separation, rather than to decide who is ultimately responsible for the conflict or alleged offence. A protected person may apply to the district court for longer-lasting protection. The court may order the alleged perpetrator to leave the shared home and may impose further restrictions provided for by the Act on Counteracting Domestic Violence.[4]

A person subject to a police order may challenge it before the court. This does not mean that the order can be ignored while the challenge is pending. Breaching an order may lead to police intervention, fines, detention and further legal consequences, depending on the measure involved and the facts of the case.

Protection orders during criminal proceedings

If alleged conduct may amount to a criminal offence, the prosecutor or court may use preventive measures during the investigation or trial. These may include police supervision, a prohibition on contacting the victim or witnesses, a prohibition on approaching specified persons, or an order to leave premises shared with the victim.

Article 275a of the Polish Code of Criminal Procedure allows police supervision combined with an order to leave a dwelling shared with the victim where the accused is charged with an offence involving violence or an unlawful threat against a person living with them, and there is a justified concern that the offence may be repeated.[1] Other restrictions, including no-contact conditions, may be imposed under the rules on preventive measures where necessary to secure the proper course of proceedings or prevent further serious offending.[1]

A criminal court may also impose post-conviction restrictions. Article 41a of the Polish Criminal Code permits the court, depending on the offence and circumstances, to order a ban on contacting or approaching specified persons, staying in particular places or environments, or leaving a designated place of residence without the court’s consent.[2]

How restraining orders affect foreigners in Poland

For foreign nationals, the practical issues often extend beyond the order itself. An order may require an immediate move from a rented apartment, hotel or family home. It may affect access to children, personal belongings, employment arrangements and planned travel. A foreigner should therefore obtain a copy of the decision and confirm its exact terms, duration and geographic scope.

Language is also important. An accused person who does not have a sufficient command of Polish is entitled to free assistance from an interpreter in criminal proceedings under Article 72 of the Code of Criminal Procedure.[1] Victims are also entitled to information and support under applicable Polish law and EU minimum standards for victims of crime.[5]

A restraining order does not automatically result in deportation, loss of a visa or refusal of a residence permit. However, allegations of violent conduct, a criminal conviction, repeated breaches of an order or detention can be relevant in immigration proceedings. The consequences depend on the individual’s residence status, the alleged conduct and decisions of the competent authorities.

Three practical limits of a protection order

First, a protection order is not a finding of guilt. Immediate police measures and procedural restrictions may be issued before a criminal case is finally resolved. They are based on statutory risk assessments and available evidence at that stage.

Second, an order does not automatically resolve parental authority, child contact, ownership of the home or tenancy rights. Family and civil proceedings may be necessary to regulate these issues.

Third, reconciliation or voluntary contact by the protected person does not automatically cancel a no-contact order. Only the authority that issued the measure, or the competent court, can change or revoke it. A person subject to the restriction should not assume that a message, invitation or informal agreement removes legal obligations.

What should a person do after an order is issued?

The protected person should preserve a copy of the decision, record each suspected breach and call the police if there is an immediate threat. Evidence such as messages, call logs, CCTV recordings, photographs and witness details can be relevant.

The person subject to an order should leave the location where required, avoid all prohibited contact and obtain legal advice promptly. Attempts to explain the situation directly to the protected person can themselves constitute a breach. A lawyer can assess the available appeal, complaint or application procedures, as well as the interaction between criminal, family and immigration matters.

This is informational material, not legal advice. The appropriate legal route depends on the facts, the wording of the order and the stage of the proceedings.

Kopeć & Zaborowski (KKZ) advises in criminal matters involving allegations of domestic violence, harassment and sexual offences. To discuss possible steps in a criminal case and obtain an assessment of the situation, contact a lawyer through the contact page.

FAQ – Restraining Orders in Poland for Foreigners

Can a foreigner obtain a restraining order in Poland?

Yes. A foreign national can seek police intervention and court protection in Poland if the statutory conditions are met. Polish citizenship is not required.

How long does an emergency DV restraining order last in Poland?

An immediate police order is generally effective for 14 days. Court proceedings may result in protection lasting longer, depending on the legal basis and circumstances.[3][4]

Does a no-contact order include text messages and social media?

It can. The exact wording is decisive, but a contact prohibition may cover calls, text messages, emails, messaging applications, social media and contact through other people.

Can a person leave Poland while subject to a protection order?

It depends on the order. A no-contact or distance restriction does not necessarily prohibit travel, but other preventive measures may restrict movement or require police reporting. The decision should be reviewed before travelling.

What happens if a restraining order is breached?

The police may intervene immediately. A breach can result in criminal, administrative or procedural consequences, including stricter preventive measures, depending on the type of order and the circumstances.

Can the protected person cancel the order?

No. Informal consent or reconciliation does not automatically cancel a police or court order. The issuing authority or court must formally amend or revoke the measure.

Bibliography

1. Act of 6 June 1997 – Code of Criminal Procedure, in particular Articles 72, 275 and 275a, Journal of Laws 1997 No. 89, item 555, as amended.
2. Act of 6 June 1997 – Criminal Code, in particular Article 41a, Journal of Laws 1997 No. 88, item 553, as amended.
3. Act of 6 April 1990 on the Police, in particular provisions concerning immediate orders and prohibitions in domestic violence cases, Journal of Laws 1990 No. 30, item 179, as amended.
4. Act of 29 July 2005 on Counteracting Domestic Violence, in particular Articles 11a and following, Journal of Laws 2005 No. 180, item 1493, as amended.
5. Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime.