The Order of Protection in the Romanian Legal System

• Author: Natalia Saharov, Brindusa Camelia Gorea
• Pages: 146-154

European Integration - Realities and Perspectives. Proceedings 2015

146

The Order of Protection in the Romanian Legal System

Natalia Saharov1, Brinduşa Camelia Gorea2

Abstract: The phenomenon of domestic violence, quite common in the countries of Eastern Europe,

including Romania, can be perceived as a consequence of shortcomings in the education of person, or a faulty

education. The aims of current study is to present and analyze th e legal instruments designed in the area of

civil law due to combat and prevent domestic violence, with a special regard to the protective order governed

by the law No. 217/ 2003, as amended and republished. Legal provisions are analyzed with regarded to t he

person who may apply for order of protection, the conditions for the admissibility of th e petition for the

issuance of the protective order, the measures which may be imposed by an protection order, the duration of

these measures, the conditions for revocation of the protective order etc. The study reveals the practical

application of analyzed legal provisions, by referring to the decisions given by Romania courts in cases

involving the “protective order”. Finally ar e exposed the advantages and shortcomings of normative

framework already existing, as well as the effectiveness of the legal provisions in practice.

Keywords: violence; danger; family; protective order

1. Introduction

In Romanian legal system, the regulatory framework on preventing and combating domestic violence

is represented by Law no. 217/ 20033.

Even if legislator pursued to establish measures for prompt and efficient protection of victims of

domestic violence, the practice has revealed that provisions of Law no. 217/2003, in large part,

doubles the provisions of the Criminal Code from 1968.

Specifically, Art. 1 para. 2 of Law no. 217/2003, before the amendment and republication, stipulate

that “the State is acting to prevent and combat domestic violence, according to the provisions of

Article 175, 176, 179, 183, 189 – 191, 193, 194, 198, 202, 205, 206, 211, 305 -307, 309, 314 – 316,

318 and other alike of the Criminal Code, Law no. 705/ 2001 on the national system of social

assistance and other legal provisions on the same matter, as well as the provisions of the present

law”. Also, Art. 26 para. 1 of the same Law, established that “in the course of criminal proceedings or

during the trial in front of the Court, at the request of the victim or by inquest of office, wherever there

1 University Assistant. PhD, “Dimitrie Cantemir” University of Targu Mures, Romania, Address: Bodoni Sandor 3 -5, 540056

Mures County, Romania, Corresponding author: sanav2003@yahoo.com.

2 Associate Professor, PhD, “Dimitrie Cantemir” University of Targu Mures, Romania, Address: Bodoni Sandor 3-5, 540056

Mures County, Romania, E-mail: brindusagorea@yahoo.com.

3 Law no. 217/ 2003 was published in the “Official Gazette of Romania”, No. 367 of the 29th May 2003 and republished in

the “Official Gazette of Romania”, part I, No. 365 of the 30th May 2012.