The provisional protection order is issued by the police officers who, in the exercise of their duties, find that there is an imminent risk that the life, physical integrity or freedom of a person may be endangered by an act of domestic violence.
The police officers ascertain the existence of the imminent risk based on the assessment of the factual situation resulting from the obtained evidence and the risk assessment form.
If, as a result of the assessment of the facts, it is found that the conditions for issuing the provisional protection order are not met, the police have the obligation to inform the persons who claim to be victims of domestic violence about the possibility of making a request for issuing a protection order from the court.
The provisional protection order issued by the police officer provides, for a period of 5 days, one or more protection measures:
- temporary eviction of the aggressor from the common home, regardless of whether he is the owner of the property right;
- reintegration of the victim and, as the case may be, of the children in the common home;
- obliging the aggressor to maintain a determined minimum distance from the victim, from his family members, or from the residence, place of work or educational unit of the protected person;
- forcing the aggressor to hand over the weapons in his possession to the police.
The provisional protection order will also include the mention that the violation of any of the ordered measures constitutes a crime and is punishable by imprisonment from one month to one year.
If the temporary protection order has taken the measure of temporary eviction of the aggressor, and he does not have accommodation from another source, he will be informed and directed to residential centers that offer accommodation for homeless people or night shelters, managed by local public administration authorities. , or any other suitable place. If the aggressor requests accommodation in a residential center in the category mentioned above, he will be led by the mobile team (mobile team = representatives of the public social assistance service).
The obligations and interdictions imposed against the aggressors by the provisional protection orders become binding immediately after their issuance, without summons and without the expiration of any term.
The 5-day period is calculated per hour, ie 120 hours from the time the provisional protection order was issued.
The provisional protection order is communicated to the aggressor and the victim.
The provisional protection order is submitted by the police unit to which the police officer who issued it belongs, for confirmation, to the prosecutor’s office attached to the competent court in whose territorial area it was issued, within 24 hours from the date of issue.
The prosecutor from the competent prosecutor’s office decides on the need to maintain the protection measures ordered by the police body within 48 hours from the issuance of the provisional protection order.
If he finds that it is no longer necessary to maintain the protective measures ordered, the prosecutor may reasonably order the cessation of the protective measures, stating the moment from which they cease. The prosecutor immediately informs the police unit that submitted the provisional protection order, which takes measures to immediately inform the persons who were the subject of it.
If the prosecutor confirms the need to maintain the protection measures ordered by the police body through the provisional protection order, he will apply an administrative resolution on its original copy.
The prosecutor will then submit the provisional protection order (OPP with a duration of 5 days), accompanied by the documents underlying its issuance and confirmation, to the competent court in whose territorial area it was issued, accompanied by a request for the issuance of the protection (OP with a maximum duration of 6 months).
If the provisional protection order issued by the police is not admitted or transformed into an emergency protection order by the prosecutor, this does not prevent the submission of a separate application to the court within which the injured person resides.
About the emergency protection order issued by the court you can read more here and also, about how how to fill in a request to obtain a protection order.
The initial duration (of 5 days) for which the OPP was ordered is extended, by right, with the duration necessary to fulfill the judicial procedure for issuing the OP protection order, informing the aggressor about this fact.
The provisional protection order (OPP) can be challenged in the competent court within 48 hours from the communication.