Provisional protection order
A provisional protection order is issued by a police officer who establishes the existence of a risk on the basis of an assessment of the facts. The police officer will issue a provisional protection order if the relevant conditions are met. If the conditions are not met, the police officers concerned are obliged to inform victims of the possibility of making an application for the issuance of a protection order. The issuance of the order does not preclude a preventive measure from being taken under the Criminal Code.
In order to verify complaints, police officers are entitled to obtain evidence and to enter a dwelling without the consent of the person concerned. Police officers may use force and equipment in an appropriate and proportionate manner in order to gain entry to the property.
The provisional protection order states the following: date, time and place of issue; forename(s), surname(s), capacity and police unit; identity of aggressor; identity of victim; the facts of the situation and the evidence; the legal basis for issuing the order; the date and time when application of measures begins and ends; the right to challenge the order, the deadline for the exercise of that right and the court before which an appeal may be lodged.
The provisional protection order lays down, for a period of five days, one or several of the following available protective measures (obligations or prohibitions) designed to reduce the risk established; eviction of aggressor; safe return of victim; obligation for aggressor to maintain a certain minimum distance from victim; obligation for aggressor to wear an electronic surveillance tag; surrender of any weapons;
The obligations and prohibitions imposed on the aggressor become effective immediately upon being issued, without prior notice or deadline. The five-day period is calculated on the basis of hours and starts from the moment the order is issued.
A copy or duplicate of the order will be handed to, and must be signed for by, the aggressor and the victim at the place of issue immediately upon issue.
Within 24 hours of its issuance, the police unit to which the issuing officer belongs will submit the order to the public prosecutor’s office attached to the competent court in whose area of jurisdiction the order was issued.
The provisional protection order will be sent to the competent public prosecutor’s office. The public prosecutor will decide on the need to maintain the measures, confirming such need as the case may be, within 48 hours of the order being issued. If it proves unnecessary to maintain the measures, the public prosecutor may order their termination and accordingly notify the submitting police unit, which will then arrange for the persons concerned to be informed. Upon confirmation of the need to maintain measures, the public prosecutor will submit the order to the competent court in whose area of jurisdiction it was issued, together with a request for the issuance of an order. When an order is thus submitted, the initial duration for which it was imposed is extended by the time needed to complete the judicial issuance procedure.
The order may be appealed against before the competent court within 48 hours of its notification. The parties concerned are summoned to the appeal hearing. The appeal is dealt with as a matter of urgency - but by no later than the expiry date of the provisional protection order - in closed session, with the issuing body being summoned. The participation of the public prosecutor is mandatory. The appeal ruling is final.
In order to remove a danger, a victim may request the court to issue a protection order stipulating: that the aggressor be evicted from the dwelling; that the victim be enabled to safely return to the dwelling; that the aggressor’s right of use be restricted to only a part of the dwelling; that the victim be accommodated/placed in a centre for assistance; that the aggressor must maintain a certain minimum distance from the victim; that the aggressor be prohibited from frequenting certain localities or designated areas; that the aggressor must permanently wear an electronic surveillance tag; that any and all contact with the victim be prohibited; that the aggressor must surrender any and all weapons to the police; the custody arrangements for and residence of children who are minors.
The court may order the aggressor to undergo psychological counselling/psychotherapy or participate in an assistance programme, and may recommend/request admission to a specialist facility.
The court may order that measures be taken to monitor compliance with the protection order and prevent its infringement: regular reporting to the police station responsible for supervising compliance with the order; notification of new address in the case of eviction; regular and/or unannounced checks on the whereabouts of the aggressor.
The operative part of the ruling will contain a stipulation that failure to comply with any of the measures will constitute a criminal offence.
The duration of the measures laid down in the protection order will be determined by the judge, but may not exceed six months counting from the order’s date of issuance.
Applications for the issuance of a protection order fall within the competence of the court in whose area of jurisdiction the victim is domiciled or resident. An application for the issuance of a protection order may be submitted by a victim either in person or through a legal representative, or, on behalf of the victim, also through a public prosecutor, the representative of the relevant authority, or the representative of any social services provider.
The application must be drawn up using the standard form and is exempt from judicial stamp duty. Applications are ruled upon in closed session, the participation of the public prosecutor being mandatory. On request, the person concerned may be granted assistance or representation through a lawyer. Assistance for the person against whom the protection order is sought is mandatory. A ruling will be given as a matter of urgency and priority. Applications must be settled within 72 hours of submission, except in cases where a provisional protection order has previously been issued.
The protection order is enforceable. The ruling is enforced without notice or deadline. Compliance with the protection order is also compulsory for the victim. The ruling may be appealed against only within three days of its being handed down (if it was given with the parties having been summoned) or notified (if it was given without their having been summoned). The court of appeal may suspend enforcement until the appeal ruling, but only against payment of a security. The parties concerned are summoned to the appeal hearing. The participation of the public prosecutor is mandatory.
On the day it is handed down, a copy of the operative part of the ruling is communicated to the units of the Romanian police in whose area of jurisdiction the dwelling of the victim and the aggressor is located. The order is enforced without delay by, or under the supervision of, the police. A police officer may enter the family dwelling concerned with the consent of the protected person, if present, or other member of the family. The police have a duty to supervise compliance with the court ruling and to notify the criminal prosecution body in the event of failure to comply.
Failure by the aggressor to comply with measures imposed under a protection order constitutes a criminal offence and is punishable by imprisonment of one month to a year.
Upon expiry of such measures, the victim may apply for a new protection order. A person against whom a measure is imposed under a protection order for the maximum period possible may apply for revocation of the order or replacement of the measure imposed.
If, when dealing with an application, the court ascertains the existence of one of the situations necessitating a special protection measure for a child, it will immediately notify the local public authority responsible for child protection.
An emergency intervention then takes place, with provision of the requisite social services being arranged by a mobile team comprising representatives of the Public Social Assistance Service (SPAS).
Under Article 22/1 of Law No 217/2003 on preventing and combating domestic violence, republished, police officers who in the exercise of their duties ascertain an imminent risk of a person’s life, physical integrity or liberty being threatened by an act of domestic violence can issue a provisional protection order to diminish that risk.
The authorities competent to issue protection orders are the district courts having jurisdiction where victims are domiciled or resident, in accordance with Article 25 of Law No 217/2003 on preventing and combating domestic violence, republished.
Under Article 3 of Article I/5 of Government Emergency Order No 119/2006 on measures necessary to implement certain Community Regulations from the date of Romania’s accession to the EU, approved as amended by Law No 191/2007, as amended, the courts decide on applications to issue certificates by issuing decisions in closed session, without summoning the parties.
A decision granting an application may not be appealed against. A decision rejecting an application may be appealed against only within five days after notification.
The certificate is issued to the protected person and a copy thereof is served upon the person posing a threat, who is informed that the protection measure thus certified is recognised and enforceable in all Member States of the European Union.
Under Article 22/5 and Article 31 of Law No 217/2003 on preventing and combating domestic violence, republished, a provisional protection order or a protection order is enforced without delay by or, where applicable, under the supervision of the police.
Under Article 8 of Article I/5 of Government Emergency Order No 119/2006 on measures necessary to implement certain Community Regulations from the date of Romania’s accession to the EU, approved as amended, by Law No 191/2007, as amended, in order to enforce a judgment passed in another European Union Member State imposing protection measures that are unknown, or different from those provided for, under Romanian law, the competent Romanian courts will, in accordance with Article 11 of Regulation (EU) No 606/2013, adjust the factual elements of the protection measures so as to make them enforceable in Romania in accordance with Romanian law, and order measures which have equivalent effects and pursue similar objectives and interests. A measure passed by a Romanian court may not result in effects going beyond those provided for in the law of the Member State of origin in the case of a measure laid down in a judgment passed by a court in the Member State of origin.
The adjustment is carried out ex officio or at the request of the party concerned, in the course of the process of deciding on applications for declaration of enforceability or refusal of recognition or enforcement of a judgment, or in the main proceedings.
The competent court is the district court.
Where the court finds that the adjustment is necessary, it orders a summoning of the parties. The presence of the public prosecutor is mandatory.
A judgment in which a court has adjusted a judgment passed in another Member State may be appealed against within ten days after notification. The judgment passed on appeal may not be appealed against.
Under Article 1 of Article I/5 of Government Emergency Order No 119/2006 on measures necessary to implement certain Community Regulations from the date of Romania’s accession to the EU, approved as amended by Law No 191/2007, as amended, applications for refusal of recognition and applications for refusal of enforcement in Romania of judgments containing protection measures passed in another Member State of the European Union fall within the remit of the district courts, in accordance with Regulation (EU) No 606/2013.
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