The request must be forwarded immediately to the judge on duty or the judge of violence against women, during the hours of hearing if he or she has the corresponding jurisdiction.
In the court on duty, once the request has been received, the judge will call for an urgent hearing to:
1. The victim
2. The applicant if different from the victim
3. The aggressor
4. The prosecutor
Either it will be held within a maximum of 72 hours.
The declaration will be made separately
- During the hearing, the judge shall take the necessary measures to prevent any confrontation between the perpetrator and the victim, their children and other family members
Once the hearing has been held, the judge will issue THE ORDER, which in case of being grounded, eill agree measures to protect the victim.
The MEASURES to be taken by the judge are, among others:
- Criminal mesaures:
a. Prison
b. Prohibition of approximation (restraining order)
c. Prohibition to communicate
d. Prohibition to return to the scene of crime or the victim's residence
e. Withdrawal of weapons or other dangerous objects
- Civil measures (they must specifically requested)
f. Award of use and enjoyment of the dwelling
g. Conditions regarding parental authority, visits and communication with the children
h. Provision of food
i. Protection measures for the minors in order to avoid danger or injury
The civil actions are valid or for 30 DAYS. If within this period family proceedings were initiated at the request of the victim or her legal representative before a judge, the measures taken in the protection order will remain in effect for thirty days following the bringing of the lawsuit. In these 30 days, the civil family judge or the judge of violence against women will confirm, amend or rescind them.
The protection order shall be registered in the Central Register for the protection of victims of domestic violence, where it should be equally stated also if there was no subsequent effect.
The order of protection order is communicated to:
1. The parties, aggressor and the prosecutor
2. The victim
3. Public administrations (point of coordination)
4. The police and security forces
The protection order gives the victim:
- A COMPREHENSIVE PROTECTION STATUTE comprising civil and criminal actions as well as assistance and social protection measures established in law. They can be invoked before any authority and public administration.
- It involves the right of the victim to be permanently informed about the legal situation of the offender and prison conditions.