The legal proceedings of domestic violence cases are dealt with at the High Court of Cassation and Justice of Romania (Înalta Curte de Casaţie şi Justiţie).
Article 27(1) of Law No. 217/2003 on Preventing and Fighting Against Domestic Violence outlines the protection measures that the court can order for victims of domestic violence.[3]During the legal proceedings or the trial, on the complaint of the victim or ex officio, whenever there is solid evidence or indications that a family member has perpetrated a violent act that causes physical or psychological suffering to another family member, the High Court of Cassation and Justice of Romania can temporarily use one of the measures stipulated by Articles 113 and 114 of the Penal Code, as well as preventing a return the family home.
In Romania, protection orders for survivors of domestic violence can be issued within 72 hours by a court of law.
To recover the material damage or to compensate for the moral or other damage suffered, the victim can become a civil claimant in the criminal proceedings and formulate civil claims (compensation, recovery in the previous situation, etc.). If the civil party has not participated in the criminal proceedings, they can bring to the civil court an action to repair the damage caused by the crime.
The injured person can also obtain protection of their non-patrimonial rights by means of civil claims as stated in Article 68, paragraph 1 of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence.