Protection order - effective means to combat family violence Cover Image

Ordinul de protecţie - mijloc eficient de combatere a violenţei în familie
Protection order - effective means to combat family violence

Author(s): Adrian Lupaşcu, Maricica VǍLEANU
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: order of protection; domestic violence; criminal liability; celerity

Summary/Abstract: Domestic violence is a reality present on a large scale in all contemporary societies. The order of protection is a relatively recent legal institution established by the legislator in order to stop the violent actions in the family, regardless of their nature: physical, verbal, sexual, mental, economic, social or spiritual. It is materialized in a civil court ruling, issued urgently, through which mediated, provisional and necessary measures are taken in order to protect the victim of an act of domestic violence. The basic characteristics of this legal instrument are speed and prevention of committing acts of domestic violence, governed by the principle of the right to life. The procedure that applies in the case of issuing an order of protection is urgent, and the consequences for not respecting them bring criminal liability. It is essential for the implementation of the provision that persons in situations of risk to be informed and motivated to turn to the law. At the same time, the procedure for application for protection order needs significant improvement in order to meet the crisis situation in which the victims of domestic violence. Simplification of procedures for legal counciling and free legal representation of the victim, as well as the introduction of measures free of charge for the issue of the forensic documents required for issuing the courts’ ruling, would significantly enhance the efficiency of the protection order.

  • Issue Year: IV/2015
  • Issue No: 1
  • Page Range: 283-301
  • Page Count: 19