EIRP Proceedings, Vol 12 (2017)

Abstract

The increase of the cases which concern the application for issuing an order of civil protection, on the one hand, and the revelations in the media of the cases of domestic violence, on the other hand, we have determined us to develop this paper, where we intend to surprise a few issues concerning the notion of "violence" and the multiple forms that takes domestic violence, such as physical, verbal, psychological or economic violence. A legislative basis is mainly Law no. 217/2003 on preventing and combating physical violence, the analysis shows that a civil protection order cannot be established unless the measure ordered by the court is strictly essential and necessary to protect the life, integrity or personal freedom of the applicants, meeting special legal requirements.

It is well known the fact that, on the one hand, the danger is individualized based on each person to live it, the relations that have existed between the victim and the perpetrator, and on the other hand the difficulty of direct evidence in tense, aggressive situations, existing in the private sphere, in the family home, in the relations between spouses. Every victim of domestic violence lives differently the danger induced by the aggressor, and each author of an aggression acts differently depending on the type of victim, the living environment, the ascendancy which he has over the victim.

Thus, we will analyze situations where the request to issue the order has been rejected / accepted in the first instance so as during the appeal the control court can rule definitively the contrary solution.

Finally, we will issue some conclusions and de lege ferenda proposals.