Is the Restraining Order o Solution Against Domestic Violence? Cover Image

Is the Restraining Order o Solution Against Domestic Violence?
Is the Restraining Order o Solution Against Domestic Violence?

Author(s): Calina Andreea Gardikiotis
Subject(s): Human Rights and Humanitarian Law, Sociology of Law
Published by: Editura Lumen, Asociatia Lumen
Keywords: Domestic violence; restraining order; temporary restraining order; Law no. 217/2003; higher punishments for aggressors;

Summary/Abstract: Romania is one of the EU member countries with one of the largest number of cases in terms of domestic violence, most of the victims being females. In order to stop such facts, on July 21st, 2018, Law no. 174/2018 came into force which modifies Law no. 217/2003 on the preventing and fighting against domestic violence and within which the temporary restraining order was introduced. This order can be issued by a police officer, when the life, the physical or mental integrity of a person is endangered by a family member. This change, that came into force in December 2018, at the legislative level, seems to be among the best in Europe. It is interesting to see how the legislation reached this level, how the restraining order appeared in Romania, but also why it is not sufficient in the romanian system, that still has many gaps, minimal resources and high tolerance for domestic violence.

  • Issue Year: XV/2020
  • Issue No: 1-2Special
  • Page Range: 113-117
  • Page Count: 4
  • Language: English