Police say longer exclusion orders reduce repeat domestic violence

Police say a regulation allowing temporary exclusion orders of up to 72 hours in domestic violence cases has reduced repeat violence, ERR reported. Women’s support centres, however, say psychological violence is increasing and police often have no grounds to intervene in such cases.

Kristi Mäe, deputy director general of the Estonian Police and Border Guard Board, said the regulation introduced on April 17 had enabled police to impose the orders for longer than before.

Police have imposed exclusion orders in 142 cases during the period, Mäe said. The maximum 72-hour period was used in one-fifth of the cases, while 48-hour orders were imposed in 25 percent. Previously, the maximum period was 12 hours.

Mäe said the longer-order system had proved effective because violence was less likely to recur when a longer order was imposed, particularly in cases involving 72-hour orders.

Police determine the length of the order based on factors including whether children are involved and whether the victim has time to access services and seek help.

Police use a risk-assessment matrix for orders lasting 48 to 72 hours. It considers the circumstances at the scene, previous incidents, repeated violence and whether the threat could escalate. The time of the incident is also relevant, such as whether it occurs on a Friday or Saturday or just before a long holiday. In such cases, a 12-hour order may not give the victim enough time to contact victim support or access other services, Mäe said.

Officials also assess the victim’s condition, including whether they need more time to calm down, receive initial counselling or understand their legal options.

They consider the availability of victim support, social services, child protection and courts in the following days. If those services are immediately available, a 72-hour order may not be necessary. If they are not, a longer order gives the victim time to plan protective measures, Mäe said.

The 12-hour order remains the one police use most often. It is applied when officials assess the risk of escalation as lower and do not consider the incident part of a repeated pattern. A shorter order may also be used when the incident occurs on a working day, the victim can seek help immediately and is able to make decisions.

Whether the alleged perpetrator is taken to sober up or must find somewhere to stay for the 12-hour period depends on the circumstances, Mäe said.

Longer order helped resolve crisis situations

Mäe gave two examples of cases in which a 72-hour order was used.

One took place in southern Estonia in August, when a man became verbally and physically aggressive after his partner woke him from a sofa. As three young children were also present, police imposed a 72-hour order. At a meeting with a community police officer five days later, the woman and the alleged perpetrator jointly discussed the situation and reached the services they needed.

The second example was from Tallinn in May. In that incident, a man threw his partner out of their home after becoming angry that she had attended a party with colleagues. Police also imposed a 72-hour order in that case, which involved physical violence.