ROLE AND PRACTICAL ATTITUDES IN ISSUE OF THE PROVISIONAL PROTECTION ORDER

• Main Authors: Camelia Daciana Stoian, Radu Nicolae Stoian
• Format: Article
• Language: English
• Published: ADJURIS – International Academic Publisher 2019-05-01
• Series: Perspectives of Law and Public Administration
• Subjects: : temporary protection order; domestic violence; imminent risk; victim
• Online Access: http://www.adjuris.ro/revista/articole/an8nr1/17.%20Radu%20Stoian,%20Camelia%20Stoian.pdf

We have learned to shape solutions through the jurisprudence of the European Court of Human Rights or the European Court of Justice in Luxembourg on what, until not long ago, we were treating an eternal lamentation as a real problem but without a concrete solution have set or reached important standards in the segment of violence against minors and women but have also provided an adequate degree of protection for professionals directly involved in verifying domestic violence complaints. However, with the entry into force of Law no. 174/2018 regarding the modification and completion of the Law no. 217/2003 on the prevention and combating of domestic violence, the role of the police officer in the exercise of his duties in preventing and limiting domestic violence is strengthened by defining and enumerating the means by which he has the right to obtain evidence by stating his obligations and prohibitions may have immediate application in the content of the provisional protection order but also by regulating the way of its confirmation by administrative resolution issued by the prosecutor. The objectives of the present study, however, concern how this legislative measure is to be reflected in the organizational procedures necessary for the implementation in practice of police, prosecutor's offices and courts, all set in a framework that will procedurally support the efforts to investigate and conclude, in a way that effectively contributes to the diminution or elimination of an imminent risk.