In accordance with article 23 of Law no. 217/2003: “the person whose life, physical or psychological integrity or liberty is threatened by an act of violence by a family member may apply to the court, in order to eliminate exposure to danger, to issue a protection order by which to order, one or more provisional measures, obligations and prohibitions set by law.” Some of the measures that can be taken are:
a. temporary removal of the perpetrator from the family home, even if he is the owner of the property;
b. reintegration of the victim, and if case, children in the family home;
c. limitation of the use of the common house for the perpetrator to only a part, which can be shared, so that the abuser does not come into contact with the victim;
d. order the abuser to maintain a specified minimum distance from the victim, his/her children or other relatives, work or the school of the victim. Since the law does not establish a certain distance, this will be expressly stated by the court issuing the restraining order;
e. prohibit the abuser from entering certain places or areas that the victim frequents or visits regularly;
f. prohibit any contact with the victim, including phone calls, mail or any other kind;
g. order the abuser to turn over any firearm and ammunition;
h. the custody of under-aged children or establishing their residence.
In the ruling of the protection order issued, the court may also order other measures:
- Order the abuser to pay the rent and/or maintenance of the victim’s temporary accommodation, where s/he, minor children or other family members live or will live because of the impossibility of staying in the family home;
- Order the abuser to attend counseling, psychotherapy;
- May recommend measures to control, conduct or treat of some forms of care, particularly for rehabilitation purposes;
- Coercing the assailant to periodically check in at the competent police station regarding the supervision of the protective order, within the time period specified by the court, according to the circumstances;
- Coercing the assailant to give information to the police body regarding his new home, if the court ruled his evacuation from his homely residence.
In order to apply art. 52 of the Istanbul Convention, Necuvinte Association with the pro-bono support of the Law firm Țuca Zbârcea și Asociații we managed to amend Law no. 217/2003 with Law no. 351/23 December 2015 – introducing the emergency protection order issued within 72 hours, the amendment changed the courts working procedures nationwide.
Therefore, the protection order must be issued in maximum 72 hours from the application date. The duration of the protective measures ordered by the court is determined explicitly by the judge. In no case, however, is the duration for which they have taken to exceed six months from the date of order. Even if the decision does not directly indicate the duration of the measures taken, they will take effect for a period of six months from the date of order.
The power to issue the protection order belongs to the court in whose jurisdiction the victim lives.
The victim himself/herself can apply for a protection order. Applications may be made in person or by the legal representative and it is exempted from the judicial stamp tax.
Citation can be made by phone.
Alternatively, the application may be made on behalf of the victim by:
- An attorney,
- The representative of the competent authority or structure at the level of the local government unit competent in the field of the protection of victims of domestic violence;
- Any of the social services providers in preventing and fighting domestic violence, authorized by law, with the victim’s consent.
The application for a protection order is judged in the Council Chamber urgently, with the participation of the prosecutor. Summoning the parties follows the rules of citation in urgent cases.
In case of extreme urgency (which may occur, for example, when the risks of the integrity or even the life of the victim of the aggression is imminent), the court may issue a restraining order the very same day, ruling on the application and documents submitted.
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