Sweden Domestic Violence Laws: Protection Orders and Prosecution

Sweden’s domestic violence laws provide protection orders and prosecution for victims of domestic violence, with the Act on Protection Against Domestic Violence (1999:1165) being a central piece of legislation. You can apply for a protection order if you are a victim of domestic violence, stalking, or harassment, and the court can issue an order prohibiting the perpetrator from contacting or approaching you. The order can be issued for a maximum period of one year, but it can be extended if necessary, with the Social Services Act (2001:453) also playing a role in supporting victims.

Legal Framework for Domestic Violence in Sweden

The Swedish Penal Code (1962:700) criminalizes various forms of domestic violence, including assault, threats, and stalking, with penalties ranging from fines to imprisonment for up to four years. The law also recognizes the concept of “gross violation of a person’s integrity,” which can result in a prison sentence of up to six years. You can report domestic violence to the police, who are required to investigate and prosecute cases of domestic violence, with the prosecution having a time limit of six months to bring charges against the perpetrator.

The Swedish government has also implemented various measures to support victims of domestic violence, including the establishment of shelters and counseling services, with the National Board of Health and Welfare (Socialstyrelsen) providing funding and guidance for these services. The government has also launched public awareness campaigns to prevent domestic violence and promote healthy relationships, with a budget of SEK 10 million (approximately USD 1.1 million) allocated for these initiatives in 2020. The campaigns aim to reach at least 50% of the Swedish population, with a focus on young people and marginalized groups.

Types of Protection Orders in Sweden

Restraining Orders

A restraining order can be issued to prohibit the perpetrator from contacting or approaching you, with the order being enforceable for a maximum period of one year. You can apply for a restraining order if you have been a victim of domestic violence, stalking, or harassment, and the court will consider factors such as the severity of the violence, the perpetrator’s history of violence, and the risk of further violence. The order can be issued ex parte, meaning that the perpetrator does not need to be present in court, and it can be served on the perpetrator by the police or a process server.

The court can also issue a temporary restraining order, which can be in effect for up to 30 days, pending a full hearing on the matter, with the temporary order being renewable for an additional 30 days if necessary. You can also apply for a temporary restraining order if you are in immediate danger, and the court will consider the urgency of the situation when deciding whether to issue the order. The police can assist you in applying for a temporary restraining order, and they can also provide you with information and support during the process.

Prohibition Orders

A prohibition order can be issued to prohibit the perpetrator from entering or approaching a specific place, such as your home or workplace, with the order being enforceable for a maximum period of one year. You can apply for a prohibition order if you have been a victim of domestic violence, stalking, or harassment, and the court will consider factors such as the severity of the violence, the perpetrator’s history of violence, and the risk of further violence. The order can be issued ex parte, meaning that the perpetrator does not need to be present in court, and it can be served on the perpetrator by the police or a process server.

The court can also issue a prohibition order in conjunction with a restraining order, providing additional protection for you, with the prohibition order being enforceable for the same period as the restraining order. You can also apply for a prohibition order if you are in immediate danger, and the court will consider the urgency of the situation when deciding whether to issue the order. The police can assist you in applying for a prohibition order, and they can also provide you with information and support during the process.

Child Protection Orders

A child protection order can be issued to protect children from domestic violence, with the order being enforceable for a maximum period of one year. You can apply for a child protection order if you are a parent or guardian of a child who has been affected by domestic violence, and the court will consider factors such as the severity of the violence, the perpetrator’s history of violence, and the risk of further violence. The order can be issued ex parte, meaning that the perpetrator does not need to be present in court, and it can be served on the perpetrator by the police or a process server.

The court can also issue a child protection order in conjunction with a restraining order or prohibition order, providing additional protection for the child, with the child protection order being enforceable for the same period as the other orders. You can also apply for a child protection order if you are in immediate danger, and the court will consider the urgency of the situation when deciding whether to issue the order. The police can assist you in applying for a child protection order, and they can also provide you with information and support during the process.

The Process of Obtaining a Protection Order in Sweden

To obtain a protection order in Sweden, you will need to file an application with the court, providing evidence of the domestic violence, stalking, or harassment, with the application being reviewed by a judge within 24 hours. You can file the application in person or by mail, and you will need to provide documentation such as police reports, medical records, and witness statements. The court may also request additional information or evidence, such as a statement from a social worker or a psychologist.

The court will consider the application and may issue a temporary protection order, pending a full hearing on the matter, with the temporary order being renewable for an additional 30 days if necessary. You will be notified of the court’s decision, and you will have the opportunity to appeal the decision if it is not in your favor. The perpetrator will also be notified of the court’s decision and will have the opportunity to appeal the decision.

You can also seek assistance from a lawyer or a victim support organization when applying for a protection order, with the lawyer or organization being able to provide you with guidance and support throughout the process. The court may also appoint a lawyer to represent you, if you are unable to afford one, with the lawyer being paid by the state. You can also request that the court hold a closed hearing, if you do not want the perpetrator to be present.

Special Situations in Sweden

Immigrant Victims of Domestic Violence

Immigrant victims of domestic violence may face additional challenges when seeking protection orders in Sweden, with language barriers and cultural differences being significant obstacles. You can seek assistance from a lawyer or a victim support organization that specializes in working with immigrant victims, with the organization being able to provide you with guidance and support throughout the process. The court may also appoint an interpreter to assist you during the hearing, if you do not speak Swedish.

The Swedish government has also implemented measures to support immigrant victims of domestic violence, including the establishment of special shelters and counseling services, with the National Board of Health and Welfare (Socialstyrelsen) providing funding and guidance for these services. The government has also launched public awareness campaigns to prevent domestic violence and promote healthy relationships, with a focus on immigrant communities.

LGBTQ+ Victims of Domestic Violence

LGBTQ+ victims of domestic violence may face additional challenges when seeking protection orders in Sweden, with homophobia and transphobia being significant obstacles. You can seek assistance from a lawyer or a victim support organization that specializes in working with LGBTQ+ victims, with the organization being able to provide you with guidance and support throughout the process. The court may also appoint a lawyer to represent you, if you are unable to afford one, with the lawyer being paid by the state.

The Swedish government has also implemented measures to support LGBTQ+ victims of domestic violence, including the establishment of special shelters and counseling services, with the National Board of Health and Welfare (Socialstyrelsen) providing funding and guidance for these services. The government has also launched public awareness campaigns to prevent domestic violence and promote healthy relationships, with a focus on LGBTQ+ communities.

Costs, Fees, and Penalties in Sweden

The costs of obtaining a protection order in Sweden can vary, depending on the complexity of the case and the need for additional evidence or expert testimony. You may need to pay a fee for the application, which can range from SEK 500 to SEK 2,000 (approximately USD 55 to USD 220), with the fee being waived if you are unable to afford it. You may also need to pay for a lawyer, which can cost between SEK 5,000 to SEK 20,000 (approximately USD 550 to USD 2,200) per day, depending on the lawyer’s experience and expertise.

The perpetrator may also face penalties for violating a protection order, including fines and imprisonment, with the penalties ranging from SEK 5,000 to SEK 50,000 (approximately USD 550 to USD 5,500) and up to six months in prison. The perpetrator may also be required to pay damages to you, if they are found to have caused you harm or injury, with the damages ranging from SEK 10,000 to SEK 100,000 (approximately USD 1,100 to USD 11,000).

The Swedish government has also implemented measures to support victims of domestic violence, including the establishment of a fund to provide financial assistance to victims, with the fund being allocated SEK 10 million (approximately USD 1.1 million) per year. The fund can provide you with financial assistance, including help with housing costs, living expenses, and counseling services.

Enforcement and Consequences in Sweden

The enforcement of protection orders in Sweden is the responsibility of the police, who can arrest and detain the perpetrator if they violate the order. The police can also issue a warning to the perpetrator, if they are found to have violated the order, with the warning being formal and documented. You can also report any violations of the order to the police, who will investigate and take action as necessary.

The consequences of violating a protection order in Sweden can be severe, including fines and imprisonment, with the penalties ranging from SEK 5,000 to SEK 50,000 (approximately USD 550 to USD 5,500) and up to six months in prison. The perpetrator may also be required to pay damages to you, if they are found to have caused you harm or injury, with the damages ranging from SEK 10,000 to SEK 100,000 (approximately USD 1,100 to USD 11,000).

The Swedish government has also implemented measures to improve the enforcement of protection orders, including the establishment of a national registry of protection orders, with the registry being updated in real-time. The registry can provide the police and other authorities with access to information about protection orders, including the terms of the order and any violations.

How to Modify or Challenge a Protection Order in Sweden

You can modify or challenge a protection order in Sweden by filing a motion with the court, providing evidence of changed circumstances or new information, with the motion being reviewed by a judge within 24 hours. You can file the motion in person or by mail, and you will need to provide documentation such as police reports, medical records, and witness statements. The court may also request additional information or evidence, such as a statement from a social worker or a psychologist.

The court will consider the motion and may modify or revoke the protection order, depending on the circumstances, with the decision being based on the best interests of the parties involved. You can also appeal the decision, if you are not satisfied with the outcome, with the appeal being heard by a higher court. You can seek assistance from a lawyer or a victim support organization when modifying or challenging a protection order, with the lawyer or organization being able to provide you with guidance and support throughout the process.