IS THE RESTRAINING ORDER O SOLUTION AGAINST DOMESTIC VIOLENCE?

Authors

  • Calina Andreea GARDIKIOTIS PhD Lecturer at Faculty of Law – “Petre Andrei” University from Iasi, Romania, lawyer

Keywords:

Domestic violence, restraining order, temporary restraining order, Law no. 217/2003, higher punishments for aggressors.

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.

References

Gorunescu, M. (2012). Protective order in Romanian legal system, retrieved from: http://www.juridice.ro/209698/ordinul-de-protectie-in-legislatia-romaneasca.html

Saharov, N. & Gorea C. B. (2015). The Order of Protection in the Romanian Legal

System. Retrieved from: http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/1595/1571

LAW no. 217/May 22, 2003 on preventing and fighting against domestic

Violence.

The national Study regarding the implementation of the protection order.

(2013). Law 25 of 2012 (Law 217/ 2003 republished for preventing and fighting against domestic violence) for the period of 12th May 2012 – 28th January 2013. Open Society Foundation. Retrieved from: http://www.fundatiasensiblu.ro/wp-content/uploads/2013/08/Studiu-monitorizare-ordine-de-protectie-2013.pdf

Downloads

Published

2020-06-08

How to Cite

GARDIKIOTIS, C. A. (2020). IS THE RESTRAINING ORDER O SOLUTION AGAINST DOMESTIC VIOLENCE?. Jurnalul De Studii Juridice, 15(1-2), 113-117. Retrieved from https://www.lumenpublishing.com/journals/index.php/jls/article/view/3054