Danubius International Conferences, 10th EIRP & 5th AGAUC International Conferences
The order of protection in the Romanian legal system
Last modified: 2015-04-02
Abstract
The phenomen of domestic violence, quite common in the countries of Eastern Europe, including Romania, cand be perceived as a consequence of shortcomings in the education of person or a faulty education.
The aim of current study is to present and analyze the 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 the person who may apply for order of protection, the conditions for the admissibility of the petition for the issuance of the protective order, the measures which may be imposed by any protection order, the duration of these measures, the conditions for revocation of the protective order etc. The study reveals the practical applications of analyzed legal provisions, by referring to the decisions given by Romanian courts in cases involving "the protective order".
Finally are exposed the advantages and shortcomings of normative framework already existing, as well as the effectiveness of the legal provisions in practice.
