Restraining orders are of great importance, especially in family law and in the protection against violence. They offer efficient and temporary legal protection and enable swift action to be taken in urgent situations.
Interim injunctions are issued in summary proceedings. A special feature of these court measures is that the standard of proof is reduced to mere certification.
In certain cases, an interim injunction can also be issued without hearing the opponent. This considerably shortens the duration of the proceedings and ensures fast and effective legal protection. This is particularly important in cases of protection against violence and in highly contentious relationships, as it specifically protects the health and integrity of potential victims.
It is always possible to obtain a temporary injunction if one partner or spouse cannot reasonably be expected to live together due to physical attacks, threats of physical assault or psychological harassment. At the same time, the home must serve to satisfy the applicant's urgent need for accommodation.
In its recent decision (7 Ob 161/23m), the Supreme Court emphasized that generous standards must be applied when examining the requirements for issuing an interim injunction.
In the specific case, the defendant repeatedly hinted at hitting the applicant by gestures over a longer period of time. However, he did not hit her. At the same time, he insulted the applicant. The defendant's gestures were perceived by the applicant as a real threat. When she flinched, he laughed at her the next moment.
The Supreme Court confirmed the requested interim injunction on the basis of this conduct and thus applies a more generous standard in favor of victims: Accordingly, even the threat of a physical attack and any serious and substantial threat of such an attack fulfills the unreasonableness required for the interim injunction.
This is to be seen as extremely positive, as the material requirements for obtaining a temporary injunction are made easier, thus focusing on the protection of victims.
