In Romania, restraining orders are legal tools designed to protect individuals from domestic violence, threats, or harassment. These measures aim to prevent further harm and provide immediate safety to victims. But how do they work in practice? When can a court issue one, and how quickly can someone be protected? Let’s break it down.
What is a restraining order?
A restraining order is a civil court measure issued to protect a person from physical, emotional, or psychological harm, usually in the context of domestic violence or family-related abuse. It can impose specific restrictions on the abuser, such as:
- Prohibition from approaching the victim or their home/workplace;
- Obligation to leave the shared home;
- Ban on contacting the victim in any way, including by phone or social media.
In Romania, the most immediate form of this protection is known as the Emergency Protection Order (EPO).
Emergency Protection Order (EPO): Fast-track safety
An EPO can be requested by the victim or issued directly by the police. This is a temporary restraining order, valid for up to 5 days, and is intended to offer quick protection when there’s a real and immediate risk.
How is it issued?
- A police officer, after assessing the situation, can issue an EPO on the spot;
- The officer uses a risk assessment tool to evaluate whether the victim’s safety is in danger;
- The aggressor may be removed from the home even without their consent.
Once issued, the EPO is immediately enforceable, and the aggressor can be physically removed by police.
Court-issued restraining orders: What happens next?
After an EPO is issued, the victim can request a protection order from the court, which can last up to 6 months. This is a more formal, long-term restraining order and involves a judicial process.
Key facts about court restraining orders:
- A judge must decide within 72 hours after the request is filed;
- Evidence, such as medical reports, witness statements, or prior police reports, can support the case;
- The court may extend, modify, or revoke the order as needed.
What happens if the aggressor violates the order?
Violation of a restraining order — either emergency or court-issued — is a criminal offense in Romania. The police can immediately arrest the violator, and criminal charges may follow. Victims are encouraged to report all breaches, no matter how minor they seem.
Who can request a restraining order?
Anyone who is a victim of domestic violence, including:
- Spouses or former spouses;
- Partners or ex-partners, even without official marriage;
- Children, parents, or other relatives living in the same household.
Even third parties — such as neighbors, social workers, or doctors — can notify the police if they suspect someone is in danger.
Legal assistance and support
Restraining orders are part of a broader protective framework. Victims are entitled to:
- Free legal aid under certain conditions;
- Social services and shelters;
- Psychological counseling and rehabilitation programs.
If you or someone you know needs help, it’s critical to act fast. Legal and emotional support is available, and restraining orders are an effective first step toward safety.