Ordinul de protecție între Legea nr. 217/2003 și Legea nr. 26/2024 – extinderea protecției și unificarea regimului juridic
The protection order under Law no. 217/2003 and Law no. 26/2024 - expanding protection and unifying the legal framework

Summary/Abstract: The article provides a comparative analysis of the provisions of Law No. 217/2003 on the prevention and combating of domestic violence and Law No. 26/2024 on the protection order, highlighting the expansion of the scope of this legal instrument beyond the family framework. While Law No. 217/2003 establishes a special mechanism applicable exclusively to domestic violence, Law No. 26/2024 introduces a general legal regime of the protection order, applicable to all forms of violence, regardless of the relationship between the victim and the aggressor. The study emphasizes the main novelties brought by the new legislation – the extended applicability, the mandatory legal assistance, the clarification of the order's duration, and the strengthening of the police's role – as well as the practical challenges arising from the coexistence of the two legal frameworks. In conclusion, Law No. 26/2024 represents a natural legislative development aimed at ensuring the effective protection of the individual's right to safety and physical and psychological integrity.

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