Protection order
It is a document that is intended to protect you from the aggressor, in case your life, your physical or mental integrity, or your freedom are endangered by an act of violence.
It can be issued by:
– Police authorities, when it is reported by the victim, neighbors, or family
– When there is an imminent risk to the life, physical integrity or freedom of a person through an act of domestic violence
It may include the following measures:
– Temporary evacuation of the aggressor from the shared home, regardless of whether he is the owner of the property
– Reintegration of the victim and, where appropriate, the children, into the shared home. Undoubtedly, the measure takes into account cases in which the aggressors have chosen or have been forced to leave the home in order to avoid the continuation or repetition of the aggressive behavior
– Obligation of the aggressor to maintain a minimum determined distance from the victim, from the members of his family, as defined in accordance with the provisions of art. 5, or from the residence, workplace or educational institution of the protected person
– Obligation of the aggressor to wear an electronic surveillance system at all times
– Obligation of the aggressor to surrender the weapons in his possession to the police
It is valid for a period of:
– 5 days, 120 hours
What happens to the protection order:
– It is enforced immediately
– It is sent to the Prosecutor’s Office for confirmation within 24 hours of issuance
– The Prosecutor decides on the need to maintain the measures ordered, within 48 hours, and can:
– order the termination of the measures, with reasons, or
– confirm the maintenance of the measures and submit the provisional protection order to the judge accompanied by a request for the issuance of the permanent protection order
Police officers have the right to obtain evidence by the following means:
– Observation through their own senses and recording what they observe in a document or recording what they observe with technical means
– Consulting databases to which they have access according to their job duties
– Statements of persons involved in acts of domestic violence, of persons who witnessed acts of domestic violence and of other persons who can communicate information regarding the persons involved
– Video or audio recordings or photographs, regardless of their origin
– Writings, including those in the nature of messages or postings in the electronic and/or mobile phone environment
Law no. 174/2018 amending and supplementing Law no. 217/2003 on preventing and combating domestic violence:
This can be issued, upon request, by you:
According to art. 23 of Law no. 217/2003, the 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 state of danger, to issue a protection order, by which one or more of the measures, obligations or prohibitions expressly indicated by law are ordered, on a provisional basis.
Measures:
– Temporary evacuation of the aggressor from the family home, regardless of whether he is the owner of the property
– Reintegration of the victim and, where applicable, the children, into the family home. Undoubtedly, the measure takes into account cases in which the aggressors have chosen or have been forced to leave the home in order to avoid the continuation or repetition of the aggressive behavior
– Limitation of the aggressor’s right of use only to a part of the common home when it can be shared in such a way that the aggressor does not come into contact with the victim
– Obligation of the aggressor to maintain a determined minimum distance from the victim, her children or other relatives or from the residence, workplace or educational institution of the protected person. Since the law does not establish a certain distance, it must be expressly indicated by the court in the protection order
– Prohibition for the aggressor to travel to certain localities or specific areas that the protected person frequents or visits periodically
– Prohibition of any contact, including by telephone, by correspondence or in any other way, with the victim
– Obligation of the aggressor to surrender the weapons in his possession to the police
– Entrustment of minor children or establishment of their residence.
Other measures:
– The aggressor must also bear the cost of rent and/or maintenance for the temporary home where the victim, minor children or other family members live or will live due to the impossibility of remaining in the family home
– Obliging the aggressor to undergo psychological counseling, psychotherapy;
– May recommend taking control measures, performing treatment or some forms of care, especially for the purpose of detoxification;
– Obliging the aggressor to report periodically, at a time interval established by the court according to the circumstances, to the police station competent for supervising the protection order;
– Obliging the aggressor to provide information to the police body regarding the new home, if his eviction from the family home has been ordered.
Issuance of the Protection Order
– It is made within a maximum of 72 hours from the date of filing the application according to art. 52 of the Istanbul Convention.
The duration of protective measures
– Ordered by the court is explicitly determined by the judge (but cannot exceed six months from the date the protection order enters into force).
Issuance of the Protection Order
– Belongs to the court in whose territorial jurisdiction the victim has his/her domicile or residence.
The holder of the application
– The person issuing such an Order is the victim himself. The application can be filed in person or through a legal representative and is exempt from the judicial stamp duty.
The summon: Can also be done by telephone.
Download: Protection Order
Find out: How to fill out a protection order
Alternatively, the application may also be filed on behalf of the victim by:
– Prosecutor
– Representative of the competent authority or structure, at the level of the administrative-territorial unit, with responsibilities in the field of protection of victims of domestic violence
– Representative of any of the social service providers in the field of preventing and combating domestic violence, accredited according to the law, with the consent of the victim.
– The application for issuing a protection order is heard urgently, in the council chamber, the participation of the prosecutor being mandatory. The summons of the parties is made according to the rules regarding summons in urgent cases.
– In case of special urgency (which could exist, for example, when the risks to the integrity or even to the life of the victim of aggression are imminent), the court may issue the protection order on the same day, ruling on the basis of the application and the documents submitted, without the parties’ conclusions.