Keywords: verbal violence, psychological violence, physical violence, sexual violence, economic violence, social violence, spiritual violence, cyber violence,
What is a protection order?
Domestic violence (and not only) is a major social problem in Romania, with a devastating impact on the lives of victims, especially women and children, vulnerable persons, etc. To address this situation, Romanian legislation has introduced the protection order—a legal instrument designed to provide victims with rapid and effective protection against aggressors.
In Romania, there are two laws that define and regulate protection orders.
a) Law 217/2003 on preventing and combating domestic violence defines a protection order in Article 38 as follows: (1) A person whose life, physical or mental integrity or freedom is endangered by an act of violence on the part of a family member may request the court, in order to remove the danger, to issue a protection order ordering, on a provisional basis, one or more of the following measures - obligations or prohibitions:
b) Law 26/2024 on protection orders states in Article 12(1) A person whose life, physical or mental integrity, or freedom is endangered by acts of violence committed by another person may request the court to issue a protection order temporarily imposing one or more of the following measures - obligations or prohibitions - in order to remove the danger.
A protection order is a temporary measure whereby the court or police impose restrictions on the aggressor to ensure the safety of the victim, whether they are victims of domestic violence or any other victims.
Types of orders
- Provisional order: issued on the spot by the police, valid immediately
- Final order: issued by the court after a summary hearing, on an emergency basis.
What measures can the police or court impose?
a) temporary eviction of the aggressor from the family home, regardless of whether he or she is the owner of the property;
b) reintegration of the victim and, where appropriate, the children, into the family home;
c) limiting the aggressor's right of use to only part of the shared home when it can be divided in such a way that the aggressor does not come into contact with the victim;
d) accommodation/placement of the victim, with their consent, and, where appropriate, of the children, in one of the assistance centers provided for in Article 19;
e) obliging the aggressor to keep a minimum distance from the victim, from the members of their family, as defined in accordance with the provisions of Article 5, or from the residence, workplace, or educational institution of the protected person;
f) prohibiting the aggressor from traveling to certain localities or areas that the protected person frequents or visits periodically;
g) requiring the aggressor to wear an electronic monitoring device at all times;
h) prohibiting any contact, including by telephone, correspondence, or any other means, with the victim;
i) requiring the aggressor to surrender any weapons in their possession to the police;
j) awarding custody of minor children or establishing their residence.
k) other measures provided for by law.
Risks and consequences for the aggressor
- Violation of the order constitutes a criminal offense and is punishable by imprisonment from 6 months to 5 years. Upon expiry of the protection measures, the protected person, institutions, and persons protected by law may request a new protection order if there are indications that, in the absence of protection measures, the life, physical or mental integrity, or freedom of the protected person would be endangered.
- The victim of violence must comply with the provisions of the protection order and not use this instrument to harass their partner, neighbor, etc.
Practical recommendations
1. Collect evidence: messages, photos, recordings, witnesses. 2. Call or go to the police immediately after the incident. 3. Request free legal assistance available through certain programs. 4. Contact a lawyer for a preliminary consultation. After filing for a protection order, you can be assisted by a court-appointed lawyer free of charge.
Conclusion
Protecting and supporting the family, developing and strengthening family solidarity based on friendship, affection, and moral and material support among family members is a matter of national interest. Preventing and combating domestic violence is part of the integrated policy of protecting and supporting the family and is an important public health issue.
Your life and the lives of your children are a national priority and a priority for us. Confidently seek the help of a lawyer specializing in such disputes to maximize your chances of protection against violence!