Sesizare pentru dezlegarea unor chestiuni de drept. Violenţă domestică. Revocarea ordinului de protecţie. Serviciul de probaţiune. Evaluarea riscului de recidivă. Incidenţă
Referral for resolving legal issues. Domestic violence. Revocation of the protection order. Probation Service. Assessment of the risk of recurrence. Incidence

Summary/Abstract: In the interpretation and application of the provisions of art. 34 para. (2) of the Law no. 217/2003 for the prevention and combating of domestic violence, republished, with subsequent amendments and completions, in case the person against whom the protection order was issued is not involved in a criminal case, in order to order the revocation of the order, it must not be drawn up by the probation service an assessment of the risk of recidivism, according to art. 34 para. (2) lit. c) of the Law no. 217/2003. In this case, the court will make its own assessment of the existence of a real risk for the victim of domestic violence or for his/her family from the person against whom the protection order was issued.

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