A protection order has been issued against you – What obligations can be imposed on you and what happens if you do not comply with them?

A protection order has been issued against you – What obligations can be imposed on you and what happens if you do not comply with them?

Do you remember that I told you what it entails from a legal point of view protection order? In case you didn't remember, I invite you to initially read the article with the theme "Protection Order – When can you benefit from a protection order?” (https://avocat-nisteioana.ro/ordinul-de-protectie-cand-poti-beneficia-de-un-ordin-de-protectie/).

Therefore, the institution of the protection order is regulated through the Law No. 217/2003 on the prevention and combating of domestic violence, being a means created by the legislator with the aim of effectively and directly protecting victims of domestic violence.

In the previously mentioned article, I explained in detail what a protection order entails, when it can be issued, what types of violence are accepted for the issuance of a protection order, but this article is dedicated to the obligations that may be imposed on you in the event that a protection order is issued against you, and what happens if you do not respect these obligations.

What are the obligations provided by law in the event of issuing a protection order?

According to art. 38 from Law No. 217/2003, the person whose life was endangered or harmed by the defendant's action in the case regarding the issuance of the protection order, may request the court to adopt the following obligations or prohibitions on the aggressor:

a) temporary eviction of the aggressor from the family home, regardless of whether he is the owner of the property;

b) reintegration of the victim and, where appropriate, the children, into the family home;

c) limiting the aggressor's right of use only to a part of the shared home when it can be shared in such a way that the aggressor does not come into contact with the victim;

d) accommodation/placement of the victim, with their consent, and, where appropriate, the children, in an assistance center among those provided for in art. 19;

e) obliging the aggressor to maintain a minimum determined distance from the victim, from the victim's family members, as defined in accordance with the provisions of art. 5, or from the residence, workplace or educational institution of the protected person;

f) prohibition for the aggressor to travel to certain localities or specific areas that the protected person frequents or visits periodically;

g) forcing the aggressor to permanently wear an electronic surveillance device;

h) prohibition of any contact, including by telephone, correspondence or in any other way, with the victim;

i) forcing the aggressor to hand over the weapons he possesses to the police;

j) custody of minor children or establishing their residence;

k) the prohibition for the aggressor to collect the state child allowance and the approval of its collection by the parent/person to whom the child was entrusted for upbringing and education or with whom the child's residence was established. The prohibition is immediately communicated to the county agency for payments and social inspection or to the municipality of Bucharest, as the case may be.

Also, the court, considering each case individually, may also order:

• the aggressor bearing the rent and/or maintenance for the victim's temporary home in which the latter is to live due to the impossibility of remaining in the family home.
• forcing the aggressor to undergo psychological counseling/psychotherapy or even voluntary/involuntary hospitalization
• if the aggressor is a user of prohibited substances, the court may order, only with his consent, integration into an assistance program for people with problems in this regard
• forcing the aggressor to periodically report to the competent police station;
• obliging the aggressor to provide information to the police regarding the new home, if applicable;
• the aggressor may be subject to spontaneous/periodic checks regarding his/her whereabouts.

What is the duration of these measures ordered by the judge?

The judge, depending on the particularities of each case, may establish a period for issuing the protection order (and for the aggressor to comply with the obligations in question) which it cannot exceed 12 months from the time the order is issued.

It is important to know that, immediately after the decision to issue the protection order is made, it is communicated to the Police to monitor how you comply with the measures imposed on you.

What happens if you do not respect your obligations established under the protection order?

In the event of non-compliance with the protection order by the person against whom it was issued, the criminal prosecution body will be notified, the act constituting crime and punishable by imprisonment from 6 months to 5 years.

Do you think the protection order was issued unfairly?

If you believe that the issuance of the protection order was based on unrealistic evidence or in an unfair/illegal manner, there are two major legal levers you can use:

Appeal – the decision may be appealed within 3 days of its pronouncement or communication, as the case may be;

Revocation of the protection order – if it is proven that the causes/circumstances that led to its initial issuance have disappeared.

Conclusion

Issuing a protection order is a drastic legal measure, so whether you are the plaintiff or the defendant, it is recommended that you contact a lawyer to guide you throughout the upcoming process.