The exclusion orders provide more time for the victims of domestic violence and abuse to gather their thoughts as well as to re‑enter the home safely and to attend to practical matters.

While the 72‑hour maximum barring from the home is shorter than the periods in some other EU countries and concerns have been raised about those who violate an exclusion order, the changes have led to improvements, stakeholders say.

At the same time, shelters have noticed an increase in psychological abuse, which is harder to prosecute.

Kristi Mäe, deputy director general of the Police and Border Guard Board (PPA), said the regulations which took effect in mid‑April have allowed police to impose exclusion orders for longer periods than before.

"Looking at the overall statistics, exclusion orders have been imposed in 142 cases during this period," Mäe said, noting that in around 20 percent of cases, the maximum period of 72 hours was imposed, while in 25 percent of cases a 48‑hour exclusion order was issued. Previously, the maximum duration of barring entry to the home had been 12 hours.

Mäe said the rules permitting longer exclusion orders have fully justified themselves, as violence is less likely to recur when longer orders are imposed.

"When we looked at specific cases, we found that where a longer exclusion order had been imposed, particularly for 72 hours, there was less of a recurrence of violence," Mäe said.

The duration of an exclusion order is assessed based on factors including whether children are involved and whether the period provides enough time to access services and seek help, she noted.

"We have drawn up a risk assessment matrix for exclusion orders lasting 48 to 72 hours, meaning orders at or near the maximum duration. It is based on the specific situation at the scene, but indicators to consider include previous incidents, recurrence and an assessment of whether the danger could escalate. The timing of the incident is certainly important — for example, whether it is Friday or Saturday, or whether a long holiday period is just beginning. In such cases, with a 12‑hour exclusion order, the victim may not have an opportunity to contact victim support or access services," Mäe said.

Mäe noted officers also consider a victim's condition: Whether they need more or less time to calm down, receive initial counseling or gain an understanding of their legal options.

"Fourth comes the availability of services — whether victim support, social services, child protection or the courts will be available over the following days. If services are immediately available, the period does not have to be 72 hours, but if they are not, a longer exclusion order gives the victim time to plan protective measures. That is what we base our decisions on," Mäe outlined.

Police nevertheless continue to impose 12‑hour exclusion orders most frequently.

"This means it has been assessed that the risk of escalation is lower and that it is not a recurring incident. If it happens on a weekday, for example, the victim can immediately turn somewhere for help and is in a position to make decisions — that is why a 12‑hour exclusion order is imposed. Whether the perpetrator is taken to sober up or has to find somewhere to stay for those 12 hours depends on the specific circumstances," Mäe said.

Mäe gave two examples in which a 72‑hour exclusion order had been pressed into use. One incident took place in southern Estonia in August, when a man became verbally and physically aggressive after a woman went to rouse him from the sofa. Since three small children were also present during the incident, the man was given a 72‑hour exclusion order. At a meeting with a local PPA officer five days later, both the woman and the man who had acted abusively were put in touch with the necessary services following a joint discussion.

The second example dates from May, and happened in Tallinn. In this incident, a man had ejected a woman from her home reportedly as he was angry she had gone to a party with colleagues. The incident also culminated in physical violence; the PPA imposed a 72‑hour exclusion order, which allowed the woman to return home safely.

Margo Orupõld, head of the Pärnu Women's Support Center, said the impact of the legislative amendment has not yet been directly felt at the facility, adding she does not have precise information about the effects of the new rules. Orupõld explained that clients who contact the support center may not even be aware if police have imposed an exclusion order on the perpetrator or not, or if they have, how long its duration might be. This is mainly since during a stressful time of crisis, such details are not the victim's primary concern.

Nevertheless, Orupõld said she sees the legislative amendment as representing a supportive measure for women as it gives them time to make decisions calmly, knowing that the violent party is not currently present in the home.

Orupõld says she considers a rise in psychological abuse to be the greater problem. She said psychological terror in the home is characterized by constant controlling behavior. Police are often not called in such cases as these don't always involve physical violence and there is no direct evidence, something which Orupõld considers a very serious issue. Another obstacle is that even when violence can be proven, women often later decline to give statements, meaning cases cannot be resolved even if proceedings were initiated at the scene.

"If the woman herself refuses to give a statement, the police can bend over backwards — without the woman's cooperation, the case will not get very far," Orupõld noted of the discrepancy.

Pille Tsopp-Pagan, head of the NGO Women's Support and Information Center, likewise said that support centers in Tartu and Põlva counties have not noticed any change resulting from longer exclusion orders as yet, though added this could also indicate the extended exclusion periods' rationale has been met. "It is possible that these victims have not ended up with us because they have time to pack their things and think," Tsopp-Pagan said. However, the most direct impact on support centers would be a decline in the number of people urgently needing temporary accommodation, and this has not happened, she added.

"At the same time, that number is small for us anyway: Of around 300 women who came to us, 26 needed a shorter or longer stay," Tsopp-Pagan said, citing last year's figures. "This year, that number has not changed."

Mäe acknowledged that there is still room for improvement in both the practice and regulation of exclusion orders. For instance the PPA does not have information on how many cases there have been in which exclusion orders were violated, she noted. "I am not currently aware of any cases in which an exclusion order has been violated. But we have not yet looked into it in that level of detail; we will certainly do so in the future," Mäe said.

At present, there are no provisions under criminal law or criminal procedure allowing the PPA to penalize violations of exclusion orders.

"In principle, we ask the person violating the exclusion order to comply with that. Where needed, we have the right to utilize direct coercion, and if a violation goes on, we can impose a coercive payment of up to €9,600," Mäe explained.

Mäe noted that some other countries have stricter systems in place when it comes to violations, and exclusion orders themselves can last for weeks rather than days. In Mäe's view, this is certainly an area where Estonia could further improve the range of measures available in the future.

At the same time, the changes had been a definite step in the right direction.

"I would say that we have made a fairly good start on implementing the new exclusion‑order regulations. We can certainly improve further, because there are still many IT solutions that could help speed up the process. We will definitely continue working on that, and training our staff on domestic violence is an ongoing process. I certainly would not dare to say that everything is perfect and there is no room for improvement," Mäe concluded.

A rise in domestic violence cases in Estonia was reported this year.

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