Ligji Nr. 03/L-182 Për Mbrojtjen nga Dhuna në Familje (Law No. 03/L-182 For Protection from Domestic Violence)

This law defines, prohibits, and facilitates the treatment of perpetrators of domestic violence through a system of protection orders. The law stipulates family relationship to exist among persons beyond spouses and parent/child. It includes people who are/were engaged, in an extra-marital union, or co-habitating in a common household, and recognizes domestic violence to include abuses such as causing fear, insults, derogative behavior, and non-consensual sex. The law contemplates various protection measures that can be ordered by the courts, such as those prohibiting the approach or harassment of the victim, mandating medical treatment for substance abuse, and authorizing accompaniment by a police officer. A petition for a protection order or emergency protection order can be submitted by not only the victim and his/her representatives, but also by NGOs. The courts are required to render a decision within 15 days of receipt of a petition for protection order, and within 24 hours after the submission of a petition for emergency protection order. A protection order or emergency protection order shall be issued under the Law where the court suspects the perpetrator shall unavoidably risk the health, safety, or well-being of the protected party. A decision regarding a protection order or emergency protection order may be appealed, but the filing of the appeal does not stay the execution of the order. The Law further provides temporary emergency protection orders, petitions for which can be submitted to the police outside the courts’ working hours, which expire at the end of the next court working day. The police may issue a temporary emergency protection order if the perpetrator poses an immediate threat to the safety, healthy, or well-being of the protected party and the issuance of the order is necessary to protect against such a threat. A violation of a protection order, emergency protection order, or temporary emergency protection order is punishable by a fine of 200 to 2,000 Euros, or imprisonment of up to six months. (Unofficial English version available here.)