ORDINUL PROVIZORIU DE PROTECŢIE, ORDINUL DE PROTECŢIE ŞI ASIGURAREA RESPECTĂRII ACESTORA. SCURTE CONSIDERAŢII REFERITOARE LA PROTEJAREA MEMBRILOR FAMILIEI ÎN LEGISLAŢIA NAŢIONALĂ
INTERIM PROTECTION ORDER, PROTECTION ORDER AND ENFORCEMENT. BRIEF CONSIDERATIONS ON THE PROTECTION OF FAMILY MEMBERS IN NATIONAL LAW
Author(s): Teodor Manea, Giulia ŞologonSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: domestic violence; restriction order; provisional restriction order; the offense of non-compliance with the measures included in the restriction order;
Summary/Abstract: Domestic violence is a deviant and abusive human behavior, and awareness, perception, definition and documentation of the concept is built substantially based on the political-legal system, the set of values of each society, and socio-cultural precepts that can promote or discourage the phenomenon. The repercussions on the victims of domestic violence may be irreparable, affecting the physical integrity, the mental health and the interpersonal relationships in which they engage. This article aims to put stress on the issues related to the victimology of domestic violence, the limits and legal rules under which authorities can act to prevent and combat it, the benefits of legislative changes in the matter, the incidence of practical problems in issuing the provisional restriction order or the restriction order, in the procedure of confirming the provisional restriction order, the mixed character of the procedure which in reality takes over several elements specific to the criminal procedure, the implications of the victims in the probation activity, the consequences of violating the restriction order, as well as the efficiency of the institutions reflected in the relevant case law.
Journal: Universul Juridic
- Issue Year: 2021
- Issue No: 11
- Page Range: 74-98
- Page Count: 25
- Language: Romanian