The Protection Order Seeking and Accessing: A Mechanism in Combatting Domestic Violence
The Protection Order Seeking and Accessing: A Mechanism in Combatting Domestic Violence

Summary/Abstract: The necessity to protect the victims of domestic violence determined the appearance of the Law no. 25/2012 – The Protection Order. The social reality that goes beyond the juridical one determined the legislator to regulate many ways of domestic violence: starting with the physical one to the social, economic and spiritual violence. The area of the victim and the aggressor is pre-established, being determined by the legislator under the terms: “family member”, without a limited configuration of the Protection Order towards the family members, as it was established by the general civil law, but a wider field of action, which includes the persons which are living together, even if between them it is not a legal relation of kinship or affinity. The Protection Order is, in fact, an injunction pronounced in specials conditions: urgency, it is adopted in secret room, with the citation of the parties. This judicial decision will offer to the victim of domestic violence the necessary protection against the aggressor, in order to guarantee her integrity and personal freedom, both physically and mentally. Besides, by the way wich this protection mechanism is designed it interferes with the principles and rules relating to the protection of human rights, the privacy and family life, the principles enshrined in the Basic Law, rules of civil law, criminal law or procedural law.

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