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Law No. 217 Of 22 May 2003 (Republished) For Preventing And Combating Domestic Violence)

Original Language Title:  LEGE nr. 217 din 22 mai 2003 (*republicată*) pentru prevenirea şi combaterea violenţei în familie*)

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LEGE no. 217 217 of 22 May 2003 (** republished) (* updated *) to prevent and combat domestic violence *) ((updated until 02 January 2016 *)
ISSUER PARLIAMENT




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** **) Republicated pursuant to the provisions art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012 and corrected in the Official Gazette of Romania, Part I, no. 117 117 of 1 March 2013, as amended, giving the texts a new numbering.
Law no. 217/2003 was republished in the Official Gazette of Romania, Part I, no. 365 365 of 30 May 2012.
---------- + Chapter I General provisions + Article 1 (1) The conversion and support of the family, the development and strengthening of family solidarity, based on friendship, affection and moral and material self-help of family members, constitute a goal of national interest. (2) The prevention and combating of domestic violence are part of the integrated family protection and support policy and are an important public health problem. (3) The Romanian state, through the competent authorities, develops and implements policies and programs aimed at preventing and combating domestic violence, as well as the protection of victims of domestic violence. + Article 2 The protection and promotion of the rights of victims of domestic violence shall be carried out in accordance with a) the principle of legality; b) principle of respect for human dignity; c) the principle of preventing acts of domestic violence; d) the principle of speed; e) the partnership principle; f) the principle of equal opportunities and treatment. + Article 3 (1) For the purposes of this law, domestic violence shall mean any intentional action or inaction, except for actions of self-defense or defense, manifested physically or verbally, committed by a family member against another member of the the same family, which causes or may cause physical, mental, sexual, emotional or psychological harm or suffering, including the threat of such acts, coercion or arbitrary deprivation of liberty. (2) It also constitutes violence in the family to prevent the woman from exercising her fundamental rights and freedoms. + Article 4 Family violence is manifested in the following forms: a) verbal violence-addressing through offensive, brutal language, such as the use of insults, threats, degrading or humiliating words and expressions; b) psychological violence-the imposition of personal will or control, the challenge of states of tension and mental suffering in any way and by any means, demonstration violence on objects and animals, through verbal threats, display ostentatious of weapons, neglect, control of personal life, acts of jealousy, constraints of any kind, as well as other actions with similar effect; c) physical violence-personal injury or health by hitting, shoving, slamming, pulling hair, stinging, cutting, burning, strangling, biting, in any form and of any intensity, including masked as the result of accidents, by poisoning, intoxication, as well as other actions with similar effect; d) sexual violence-sexual assault, imposition of degrading acts, harassment, intimidation, manipulation, brutality for the maintenance of forced sexual relations, marital rape; e) economic violence-prohibition of professional activity, deprivation of economic means, including deprivation of means of primary existence, such as food, medicine, objects of first necessity, action of intentional evading of goods person, prohibition of the right to possess, use and dispose of common goods, unfair control over common goods and resources, refusal to support family, imposition of hard and harmful work at the expense of health, including a member of minor family, as well as other actions with similar effect; f) social violence-the imposition of the isolation of the family person, the community and friends, the prohibition of attending the educational institution, the imposition of isolation through detention, including in the family home, intentional deprivation of access to information, as well as other actions with similar effect; g) spiritual violence-underestimating or diminishing the importance of satisfying moral-spiritual needs by prohibiting, limiting, ridiculing, penalizing family members ' aspirations, access to cultural, ethnic, linguistic values or religious, the imposition of adherence to unacceptable spiritual and religious beliefs and practices, as well as other actions with similar effect or similar repercussions. + Article 5 For the purposes of this law, the family member means: a) ascendants and descendants, brothers and sisters, their children, as well as persons who became by adoption, according to the law, such relatives; b) the spouse and/or ex-spouse; c) persons who have established relationships similar to those between spouses or between parents and children, if they live together; d) the guardian or other person who exercises in fact or in the rights of the person of the child; e) the legal representative or other person who cares for the person with mental illness, intellectual disability or physical disability, except those who perform these duties in the exercise of professional tasks. + Article 6 The victim of domestic violence is entitled: a) to respect for his/her personality, dignity and private life; b) to inform about the exercise of its rights; c) to special protection, appropriate to its situation and needs; d) to services of counseling, rehabilitation, social reintegration, as well as to free health care, under the conditions of this law; e) to free legal advice and assistance, under the law. + Article 7 (1) The central and local public administration authorities have the obligation to take the necessary measures to prevent domestic violence and to prevent situations of repeated violation of the fundamental rights of victims of violence in the Family. (2) The central and local public administration authorities have the obligation to ensure the exercise of the right to information of victims of domestic violence, according to their competences, as the case may be, regarding: a) non-governmental institutions and organizations that provide psychological counseling or any other forms of assistance and protection of the victim, depending on its needs; b) the criminal prosecution body to which they can complain; c) the right to legal assistance and the institution where they can address for the exercise of this right d) conditions and procedure for granting free legal assistance; e) the procedural rights of the injured person, of the injured party and of the civil party; f) conditions and procedure for granting financial compensation by the state, according to the law. + Chapter II Institutions with attributions in preventing and combating domestic violence + Article 8 (1) The ministries and other specialized central bodies of the public administration, through their territorial structures, designate the personnel with attributions in the field of prevention and combating violence in the family. (2) Ministries and other central specialized bodies of public administration, local public administration authorities, non-governmental organizations and other representatives of civil society shall conduct, separately or, where appropriate, the cooperation, activities to prevent and combat domestic violence. (3) The Ministry of Labour, Family, Social Protection and Elderly is the central public authority that develops social assistance policy and promotes the rights of victims of domestic violence. (3 ^ 1) Department for Gender Equality, specialized body of central public administration, with legal personality, subordinated to the Ministry of Labour, Family, Social Protection and Elderly, exercise the functions of strategy, regulation, representation and state authority in the field of domestic violence, with powers in the elaboration, coordination and application of the Government's strategies and policies in the field of domestic violence. ---------- Alin. (3 ^ 1) of art. 8 8 has been introduced by section 1 1 of art. I of ORDINANCE no. 6 6 of 28 January 2015 , published in MONITORUL OFFICIAL no. 78 78 of 29 January 2015. (4) The Ministry of Labour, Family, Social Protection and Elderly, through its specialized structures at central and territorial level, elaborates and applies special measures for the labor market integration of victims of domestic violence. (5) Ministries and other central specialized bodies of public administration have the responsibility to develop a strategy at national level to prevent and combat the phenomenon of domestic violence, including an internal mechanism of coordination and monitoring of the activities undertaken, which are approved by Government decision *), at the proposal of the Ministry of Labour, Family, Social Protection and Elderly, Ministry of Internal Affairs and Ministry of Development Regional and Public Administration. Note
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* *) See Government Decision no. 1.156/2012 on the approval of the national strategy for preventing and combating the phenomenon of domestic violence for the period 2013-2017 and of the Operational Plan for the implementation of the National Strategy to prevent and combat violence in family for 2013-2017, published in the Official Gazette of Romania, Part I, no. 819 819 of 6 December 2012.
---------- + Article 9 The Ministry of Health, together with the Ministry of Internal Affairs and the Ministry of Regional Development and Public Administration, develops and disseminates documentary materials on the causes and consequences of domestic violence. + Article 10 The Ministry of National Education performs, with the support of the other ministries involved and in collaboration with non-governmental organizations with activity in the field, educational programs for parents and children, in order to prevent domestic violence. + Article 11 The probation service within the tribunal, in collaboration with non-governmental organizations that carry out specific activities in the field or with specialists, will carry out activities of social reintegration of criminals convicted for Violent crimes in the family. + Article 12 The authorities provided in art. 8 ensures the continuous training and improvement of persons designated with attributions in the field of prevention and combating domestic violence. + Article 13 (1) The local public administration authorities have the obligation to take the following specific measures: a) include the issue of preventing and combating domestic violence in regional, county and local development strategies and programs; b) to provide logistical, informational and material support to compartments with attributions in preventing and combating domestic violence; c) to establish, directly or in partnership, units to prevent and combat domestic violence and to support their operation; d) to develop programs to prevent and combat domestic violence; e) to support the access of family aggressors to psychological counseling, psychotherapy, psychiatric treatments, detox and dealcoholization; f) to develop and implement projects in the field of prevention and combating violence in the family; g) to provide in the annual budget amounts for the support of social services and other social assistance measures to prevent and combat domestic violence; h) to bear, from the local budget, in serious social cases, expenses with the preparation of legal acts, as well as for obtaining forensic certificates for victims of domestic violence; i) to collaborate on the implementation of a system of registration, reporting and management of cases of domestic violence. (2) Local public administration authorities shall designate specialized personnel to implement the system of registration, reporting and management of cases of domestic violence. (3) Mayors and local councils will work with cult organizations, non-governmental organizations, as well as any other legal and physical persons involved in charitable actions, granting them the necessary support for fulfillment. the obligations provided in par. ((1) and (2). (4) At the level of the counties and sectors of Bucharest, in addition to the general directions of social assistance and protection of the county child/sectors of the city of Bucharest, the intersectoral team in the field of prevention and combating domestic violence, with an advisory role. (5) The cross-sectoral team shall have in its composition a representative of the police, gendarmerie, public health department, family violence department within the general direction of social assistance and child protection, units to prevent and combat domestic violence, as well as non-governmental organizations active in the field. (6) Of the cross-sectoral team may be part, but not limited, also the representatives of the probation services, of the legal medicine units, as well as of other institutions with attributions in the field. (7) The cross-sectoral team proposes measures to improve the activity in the field, ensure the cooperation between the institutions provided in par. (5) and (6) and annually evaluate the activity in the field. (8) The establishment and the organization and functioning of these are approved by decision of the county council, respectively of the local councils of the sectors of Bucharest. + Article 14 The persons designated by the public authorities for the handling of domestic violence cases will have the following main duties: a) monitoring cases of domestic violence in the sector or territorial unit served; collecting information on them; drawing up a separate record; ensuring access to information at the request of judicial bodies and parties or their representatives; b) informing and supporting police workers who in their specific activity encounter situations of domestic violence; c) identification of risk situations for the parties involved in the conflict and their guidance to specialized services; d) collaboration with local child protection institutions and reporting of cases, in accordance with the legislation in force; e) guidance of conflicting parties for mediation; f) request for information on the outcome of the mediation; g) handling the case together with the social worker. + Chapter III Units to prevent and combat domestic violence + Article 15 (1) The units for preventing and combating domestic violence are: a) reception centres as a matter of urgency; b) recovery centers for victims of domestic violence; c) assistance centres for aggressors; d) centers for preventing and combating domestic violence; e) centres for information and public awareness services. (2) The units to prevent and combat domestic violence provide free social services for victims of domestic violence. + Article 16 ((1) Units to prevent and combat domestic violence may be public, private or in public-private partnership. (2) The units for preventing and combating domestic violence can be established only by social service providers, accredited under the law. (3) The establishment, organization and functioning of units for the prevention and control of domestic violence shall be approved by decisions of the county councils or, as the case may be, of the local councils, respectively of the sectors of Bucharest and General Council of Bucharest Municipality. (4) The financing of public units to prevent and combat domestic violence is ensured from local budgets. (5) In the case of units for preventing and combating domestic violence, the use of the amounts allocated from the state budget or, as the case may be, from the local budgets shall be subject to the control of the law bodies (6) The institution which granted the financing or grant of the units for the prevention and combating of domestic, public, private and public-private partnership violence shall monitor the use of the allocated funds. (7) Assisting or, as the case may be, hosting the victims, namely assisting the aggressors in the units provided in art. 15 15 para. ((1) lit. a)-c) is based on the conclusion of a contract for the granting of social services. For minors the contract for granting social services is signed by the accompanying parent or, as the case may be, by the legal representative. + Article 17 (1) Emergency reception centres, hereinafter referred to as shelters, are social assistance units, with or without legal personality, of residential type, which provides protection, hosting, care and counseling to victims of violence in Family. (2) Advices provide free, for a fixed period, family assistance to both the victim and to minors in its care, protection against the aggressor, medical assistance and care, food, accommodation, psychological counseling and legal advice, according to the organization and functioning instructions developed by the authority. (3) The reception of victims in the shelter is made only in case of emergency or with the written approval of the director of the general directorate of social assistance and child protection, when the isolation of the victim from the aggressor is required as a protection measure People who have committed the act of aggression are denied access to the shelter premises where the victims are found. (4) The location of shelters is secret to the general public (5) The isolation of aggressors of victims shall be made with their consent or, as the case may be, of the legal representative. (6) All shelters must conclude a collaboration agreement with a hospital or other health facility, to provide medical and psychiatric care. The convention ends by the local councils, respectively by the councils of the sectors of Bucharest or, as the case may be, by the county councils, as well as by the governing bodies of accredited private social service providers. + Article 18 (1) The recovery centres for victims of domestic violence are residential social assistance units, with or without legal personality, which ensures hosting, care, legal and psychological counselling, support for the victims. adaptation to an active life, the professional insertion of victims of domestic violence, as well as their rehabilitation and social reintegration. (2) The recovery centers for victims of domestic violence will conclude conventions with the county employment authorities and the sectors of Bucharest in order to provide support for integration into work, the readability and professional retraining of assisted persons. (3) The provisions of art. 17 17 para. ((5) and (6) shall apply accordingly. + Article 19 (1) Assistance centres for aggressors are social assistance units that function as day care centres, with or without legal personality, which ensure their rehabilitation and social reintegration, educational measures as well as services of Family counseling and mediation. (2) Psychiatric treatments, dealcoholization and detox granted through assistance centers intended for aggressors shall be provided in hospitals or health facilities with which conventions have been concluded, under the conditions provided in art. 17 17 para. ((6). + Article 20 The centers for preventing and combating domestic violence are social assistance units on a daily basis, with or without legal personality, which provides social assistance, psychological, legal counseling, as well as information and orientation victims of domestic violence. + Article 21 The centres for population information and awareness services are social assistance units, with or without legal personality, which provide information and education services, social assistance and an emergency telephone service for information. and counseling. + Article 22 (1) Persons convicted of crimes of domestic violence are obliged to participate in special programs of counseling and social reintegration organized by the institutions entrusted with the execution of the sentence in which they are located. (2) Cases of domestic violence may be subject to mediation at the request of the parties, according to the law. + Chapter IV Protection Order + Article 23 (1) The person whose life, physical or mental integrity or freedom is endangered by an act of violence by a family member may request the court that, in order to remove the state of danger, issue an order of protection, by which one or more of the following measures are provisionally available-obligations or prohibitions: a) temporary evacuation of the aggressor from the family home, regardless of whether he is the holder of the ownership; b) the reintegration of the victim and, as the case may be, of the children, c) limiting the right of use of the aggressor only to a part of the common home when it can thus be shared that the aggressor does not come into contact with the victim; d) obliging the aggressor to keep a minimum distance determined from the victim, to his children or to other relatives of her or to the residence, workplace or educational establishment of the protected person; e) the prohibition for the aggressor to travel to certain localities or determined areas that the protected person attends or visits periodically; f) prohibition of any contact, including by telephone, by correspondence or in any other way, with the victim; g) obliging the aggressor to hand over the weapons held; h) entrustment of minor children or establishment of their residence. (2) By the same judgment, the court may also order the abuser's support of rent and/or maintenance for temporary housing where the victim, minor children or other family members live or are to live due to impossibility. to stay in the family home. (3) In addition to any of the measures ordered according to paragraph (1), the court may also order the aggressor to follow psychological counseling, psychotherapy or recommend taking control measures, carrying out a treatment or forms of care, especially for the purpose of rehab. + Article 24 (1) The duration of the measures ordered by the protection order shall be established by the judge, without exceeding 6 months from the date of issue of the order. (. If the judgment does not contain any mention of the duration of the measures ordered, they shall take effect for a period of 6 months from the date of issue of the order. + Article 25 (1) The application for the issuance of the protection order is for the jurisdiction of the territorial area in which the victim is domiciled or residing. (2) The application for the issuance of the order may be introduced by the personal victim or by legal (3) The application may be entered on behalf of the victim and: a) prosecutor; b) the representative of the competent authority or structure, at the level of the administrative-territorial unit, with powers to protect victims of domestic violence; c) representative of any of the social service providers in the field of prevention and combating domestic violence, accredited according to the law, with the consent of the victim. + Article 26 (1) The application for the issuance of the protection order shall be drawn up according to the application form set out in the annex which is an integral part of this (2) The application shall be exempt from the stamp duty. + Article 27 (1) Applications for the issuance of the protection order shall be adjudicated as a matter of urgency and, in any event, their resolution may not exceed a period of 72 hours after the application. Applications are judged in the council chamber, with the participation of the prosecutor ---------- Alin. ((1) of art. 27 27 has been amended by art. unique from LAW no. 351 351 of 23 December 2015 published in MONITORUL OFFICIAL no. 979 979 of 30 December 2015. (2) The citation of the parties shall be made in accordance with the rules on citation (3) On request, the person requesting the protection order may be granted assistance or representation by lawyer. (4) Legal assistance of the person against whom the protection order is requested is mandatory. (5) In case of special urgency, the court may issue the protection order on the same day, ruling on the basis of the application and the documents filed, without the conclusions of the parties. (6) The prosecutor has the obligation to inform the person who requests the protection order on the legal provisions on the protection of victims of crime (7) The judgment is made urgently and in particular, not being admissible evidence whose administration requires long time. ((8) The pronouncement can be postponed by no more than 24 hours, and the motivation of the order is made no later than 48 hours after the ruling. + Article 28 In the cases provided in art. 25 25 para. (3), the victim may give up, according art. 406 406 of Law no. 134/2010 on the Code of Civil Procedure, republished, with subsequent amendments and completions, to the trial of the application on the protection order. + Article 29 (1) The protection order is enforceable. (2) At the request of the victim or ex officio when the circumstances of the case so require, the court will be able to decide that the execution should be done without notice or without the passage of any + Article 30 (1) The decision ordering the protection order is subject only to the appeal, within 3 days of the ruling, if it was given with the citation of the parties, and from the communication, if it was given without their citation. (2) The appeal court may suspend the execution until the appeal is adjudicated, but only with the payment of a bail the amount of which will be determined by it. ((3) The appeal shall be adjudicated with the citation (4) Participation of the prosecutor is mandatory + Article 31 (1) A copy of the device of the decision ordering the request for issuing the protection order shall be communicated, within 5 hours from the moment of delivery of the decision, to the structures of the Romanian Police in whose territorial area the victim's home is located and/or the attacker. ---------- Alin. ((1) of art. 31 31 has been amended by art. unique from LAW no. 272 272 of 10 November 2015 , published in MONITORUL OFFICIAL no. 842 842 of 12 November 2015. (2) The protection order ordering any of the measures provided for in art. 23 23 para. ((1) shall be executed immediately, by or, as the case may be, under the supervision of the police. (3) For the execution of the protection order, the policeman may enter the family home and any annex thereof, with the consent of the protected person or, in absentia, of another family member. (4) The police bodies have the duty to supervise the manner in which the decision is observed and to notify the prosecution body in case of absconding from execution. + Article 32 Violation of any of the measures provided for in art. 23 23 para. (1) and ordered by the protection order constitute the crime of non-compliance with the court decision and shall be punished with imprisonment from one month to one year. Reconciliation removes criminal liability. + Article 33 Upon expiry of the duration of the protection measures, the protected person may request a new protection order, if there are indications that, in the absence of protection measures, life, physical or mental integrity or freedom would be endangered. + Article 34 (1) The person against whom a measure was ordered by order of protection during the maximum period may request the revocation of the order or the replacement of the ordered measure. ((. Revocation may be ordered if the following conditions are met: a) the aggressor complied with the prohibitions or obligations imposed; b) the aggressor followed psychological counseling, psychotherapy, rehab treatment or any other form of counseling or therapy that was established in his pregnancy or that was recommended or complied with safety measures, if such measures have been taken, according to the law; c) if there are strong indications that the aggressor no longer poses a real danger to the victim of violence or to his family. (3) The request for revocation shall be settled with the citation of the parties and the police unit which has executed the protection order whose revocation is requested. The prosecutor's participation is mandatory + Article 35 If, with the resolution of the application, the court finds the existence of one of the situations requiring the establishment of a special protection measure of the child, it will immediately refer the local public authority with powers regarding the protection of the child + Chapter V Financing in the field of prevention and combating domestic violence + Article 36 Activities in the field of prevention and combating domestic violence shall be financed from the following sources: a) the state budget; b) budgets of funds from external loans contracted or guaranteed by the State and whose reimbursement, interest and other costs are provided by public funds; c) budgets of non-refundable d) the local budgets of the counties, respectively of the sectors of Bucharest, as well as of the municipalities, towns and communes; e) donations, sponsorships and other sources, under the law. + Article 37 (1) The Ministry of Labour, Family, Social Protection and Elderly through the Department for Gender Equality may finance or, as the case may be, co-fund programs of national interest aimed at preventing and combating violence in the family, as well as the protection and support of the family in order to increase the quality of life, from funds allocated from the state budget with this destination, from reimbursable and non-reimbursable external funds, as well as from other resources, under the law. ---------- Alin. ((1) of art. 37 37 has been amended by section 2 2 of art. I of ORDINANCE no. 6 6 of 28 January 2015 , published in MONITORUL OFFICIAL no. 78 78 of 29 January 2015. (2) Social services in the field of preventing and combating domestic violence can also be developed by: a) financing in partnership social services to ensure continuity of service, in accordance with the social need and the principle of subsidiarity; b) financing of pilot projects for the implementation of social assistance programmes. + Article 38 Programs of national interest provided in art. 37 37 para. (1), complementary to actions financed at local level, have the following objectives: a) making the necessary investments for the development, diversification, restructuring and proper functioning of the units to prevent and combat domestic violence; b) support the functioning of the units to prevent and combat domestic violence; c) carrying out studies, researches and publications in the field; d) training of specialized personnel in the field of prevention and combating violence in the family, in particular the training of personnel operating within social services and units to prevent and combat violence in the family, as well as the training of staff in the institutions with competence in the field designated to deal with cases of domestic violence; e) informing, raising awareness and raising public awareness regarding the rights of victims of domestic violence, as well as the phenomenon of domestic violence; f) maintaining and developing the system of registration, reporting and management of cases of domestic violence; g) support for victims through health recovery and social reintegration programmes; h) assisting the aggressors through dealcoholization, detox, psychological and psychiatric treatments; i) to initiate and coordinate social partnerships in order to prevent and combat domestic violence; j) any other objectives corresponding to the field of activity of the Ministry of Labour, Family, Social Protection and Elderly. + Article 39 Funding of units to prevent and combat domestic violence shall be provided from: a) local budgets of local public administration authorities who approved their establishment, as well as from subsidies granted under the law; b) amounts from donations and sponsorships; c) external funds, repayable and non-refundable d) from other sources, in compliance with legislation in the field. + Chapter VI Sanctions + Article 40 (1) It constitutes contraventions, if according to the criminal law do not constitute crimes, and it is sanctioned with a fine between 1,000 lei and 5,000 lei the following facts: a) refusal to receive in the shelter or refusal to grant, at the reasoned request of the social worker, free medical care to the one in visible suffering, to eliminate the consequences of violence; b) change of shelter destination. (2) It constitutes a contravention and is sanctioned with a fine of between 500 lei and 1,000 lei the refusal to leave the shelter, for whatever reason, when the conditions that determined the admission disappeared. (3) It constitutes a contravention and is sanctioned with a fine of between 500 lei and 1,000 lei the attempt of the person who committed acts of aggression to enter the premises of the shelter where he is or believes that the victim is. (4) Contraventions shall be found and the penalties shall be applied, according to the law, by the social workers, mayor or his/her. ((5) Contraventions are applicable to their provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter VII Final provisions + Article 41 This Law *) enters into force 90 days from the date of its publication in the Official Gazette of Romania, Part I. Note
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* *) Law no. 217/2003 was published in the Official Gazette of Romania, Part I, no. 367 367 of 29 May 2003.
---------- + Annex APPLICATION FOR THE ISSUANCE OF PROTECTION ORDER I. Data concerning the authority or body making the request (if applicable) Name: Address: Phone: Fax: Email: Person designated with the application: II. Legal aid ┌ ---------------------------------------------------------------------- | | The victim has a lawyer? | | DA/NO | | In case of negative, does he wish to be granted legal assistance through lawyer? | DA/NU | └ ---------------------------------------------------------------------- III. Data on the victim of domestic violence ┌ --------------------------------------- ------------------------------------------------------ | | Name: | First name: | ├ --------------------------------------- ------------------------------------------------------ | Place and date of birth | Citizenship | ├ --------------------------------------- ------------------------------------------------------ | Sex: F/M | | ├ --------------------------------------- ------------------------------------------------------ | Father's first name | Mother's surname | ├ --------------------------------------- ------------------------------------------------------ | ID: CI/BI/Passport | Serie No. | ├ --------------------------------------- ------------------------------------------------------ | CNP | | | ├ --------------------------------------- ------------------------------------------------------ | | Address * 1): Does he want to remain secret? DA/NO | | | Phone * 2): Does the number remain secret? DA/NO | └ ------------------------------------------------------------------------------ ---------- * 1) If the victim declares that he wishes to abandon the family home, it is not necessary to indicate the new address to which he is moving, but only the address where he currently lives. The address indicated must be one to which the party can receive the citations and the other procedural documents. * 2) Any number to which the claimant has the guarantee that he will be able to receive the citations and other procedural documents may be indicated. IV. Legal representative of the victim (if applicable) ┌ --------------------------------------- ------------------------------------------------------ | | Name: | First name: | ├ --------------------------------------- ------------------------------------------------------ | Place and date of birth | Citizenship | ├ --------------------------------------- ------------------------------------------------------ | Sex F/M | | ├ --------------------------------------- ------------------------------------------------------ | Father's first name | Mother's surname | ├ --------------------------------------- ------------------------------------------------------ | | Address | ├ ------------------------------------------------------------------------------ | | Phone | └ ------------------------------------------------------------------------------ V. The relationship between the victim of domestic violence and the person against whom the protection order is requested (defendant) 1. Has the victim previously formulated any request, complaint, complaint, etc. against the same person? DA/NO If so, the number of them will be indicated. 2. Do you know if the defendant is a party in any proceedings regarding any offence or contravention? DA/NO If so, indicate, if you know, the court at which the file is located and its number. 3. Is there a kinship or other connection with the defendant? 4. Family situation-persons living in the dwelling ┌ ------------------------------- ------------------------------------- ---------------------------------------- | Name and surname | Date of birth | Degree of kinship | ├ ------------------------------- ------------------------------------- ---------------------------------------- | | | | | | └ ------------------------------- ------------------------------------- ---------------------------------------- VI. Description of the facts for which the protection order is requested 1. Relating the facts and place of their deployment ┌ ------------------------------------------------------------------------------ | | | | | | | | | └ ------------------------------------------------------------------------------ 2. What other acts of violence have occurred previously against persons (victim, family members, minors or other persons) or property? ┌ ------------------------------------------------------------------------------ | | | | | | | | | └ ------------------------------------------------------------------------------ 3. Has there been any act of violence in the presence of minors? 4. Is there any risk situation for minors, including the possibility of being taken without a defendant's right? 5. Does the defendant own weapons or have access to weapons by the nature of his work or for other reasons? 6. Any witnesses to the facts described? 7. What other evidence can statements support? (for example, cut/broken phone lines, broken mobile phones, other destroyed objects, recorded phone messages, including sms, letters, photos, documents, etc.) VII. The victim's nurse 1. Did the victim suffer physical injury or was he psychologically mistreated? DA/NO 2. Did he receive care in any medical center? DA/NO 3. Detains medical-legal, medical or other medical documents? DA/NO If so, they will be attached to the copy. In case negative, the medical center and the date of the medical consultation will be indicated. VIII. Measures to be ordered by the protection order ┌ ----------------------------------------------------------------------- | a) temporary evacuation of the defendant from the home, regardless of whether it | | | is the holder of the property right; | DA/NO | ├ ----------------------------------------------------------------------- b) the reintegration of the victim and, as the case may be, of the children in the family home; ├ ----------------------------------------------------------------------- c) limitation of the defendant's right of use, if possible, | | | | only on one part of the common home, so that the defendant does not | | | blame in contact with the victim; | DA/NO | ├ ----------------------------------------------------------------------- ) obliging the defendant to keep a determined minimum distance | | | against the victim; | DA/NO | ) obliging the defendant to keep a determined minimum distance | | | to the children of the victim or to other relatives of the victim; | DA/NO | ) obliging the defendant to keep a determined minimum distance | | | | | | | | | | | | | | Protected person; | DA/NO | | If so, the identification data of these | | | Places. | | | ├ ----------------------------------------------------------------------- | e) the ban for the defendant to travel to certain localities or | | | determined areas that the victim attends or visits | | | | DA/NO | | If so, these localities and areas will be identified. | | | ├ ----------------------------------------------------------------------- f) prohibition of any contact, including telephone, by | | | correspondence or in any other way, with the victim; | DA/NO | ├ ----------------------------------------------------------------------- g) obliging the aggressor to hand over the weapons to the police; | DA/NU | ├ ----------------------------------------------------------------------- h) entrustment of minor children or establishment of their residence; | DA/NO | | If so, the name, surname and date of birth will be indicated | | | to children, the person to whom the custody is proposed. | | | ├ ----------------------------------------------------------------------- i) the defendant's support of the rent and/or maintenance for | | | temporary housing where victim, minor children or other members of | | | | family live or are going to live because of impossibility | | | to stay in the family home. | | DA/NO | | If so, what is the amount considered necessary and what does it represent? | | | └ ----------------------------------------------------------------------- IX. Other measures ┌ ----------------------------------------------------------------------- | | 1. Does the victim have paid activity? | | DA/NO | | If so, it will indicate, approximately, the amount it receives | | ├ ----------------------------------------------------------------------- | | Two. Does the defendant have a job or do paid work? | | DA/NO | | If so, indicate the approximate monthly amount that the defendant | | | He gets, if he knows. | | | ├ ----------------------------------------------------------------------- | | 3. Are there other sources of family income? | | DA/NO | | If so, indicate the approximate amount, if known. | | | └ ----------------------------------------------------------------------- X. Other clarifications considered as relevant Date ............................. Signature ............................. Mr President of the Court ............................ --------