The Legal Protection Framework Against Domestic Violence
Georgian legislation offers victims of violence against women and domestic violence two legal instruments: a restrictive order and a protective order. A restrictive order is an act issued by an authorized police officer, which defines temporary measures for the protection of the victim. A protective order is an act issued by a court of first instance (a judge) under administrative proceedings. Both instruments are described in the law as temporary measures, and both aim to protect the victim and to restrict certain actions of the abuser. Neither requires the victim to choose between civil protection and criminal prosecution: the application of criminal law mechanisms against the abuser does not prevent the issuance of a protective or restrictive order for the benefit of the victim.
When a criminal investigation has been opened or is ongoing into acts covered by the Criminal Code — such as deprivation of life, damage to health, restriction of liberty, or violent sexual acts — the issuance of a restrictive order by an authorized police officer becomes mandatory. If there is no ground to open an investigation, the officer assesses the risk of repetition of violence according to the procedure established by an order of the Minister of Internal Affairs, and, based on the severity of that risk, decides either to issue a restrictive order or to refuse its issuance.
The Restrictive Order and Its Contents
A restrictive order is issued on the basis of a risk assessment questionnaire defined by the approved protocol. The order must indicate the date and place of issuance, the circumstances that grounded it, the abuser's name, surname, date and place of birth, personal number, profession and residence, the victim's corresponding identifying data, and the list of actions the abuser is prohibited from undertaking. The order is signed by the issuing officer, the victim and the abuser; if either party refuses or is unable to sign, an appropriate record with the reason is made in the order. The order is written in the language of legal proceedings, clearly and comprehensibly, takes effect immediately upon issuance, and must be delivered to the victim and the abuser within 24 hours.
A restrictive order may address the abuser's removal from the victim's home regardless of whether the abuser owns that home; the relocation of the victim and any dependent person to a shelter; a prohibition on the abuser using jointly owned property alone; the abuser's separation from a minor; a prohibition on approaching the victim, the victim's workplace and other places where the victim is present; the imposition of electronic surveillance; and the restriction or prohibition of the use of weapons, including service weapons, together with a ban on acquiring weapons or obtaining the relevant permit or licence and conditions for storing or temporarily seizing weapons owned or held by the abuser. Where an investigation has been opened into the gravest categories of criminal acts, indicating the restriction of the right to use weapons in the order is mandatory. The order may also contain a warning to the abuser about liability for non compliance.
A copy of the restrictive order is immediately sent to the relevant district service of the Ministry of Internal Affairs according to the victim's residence, for responding to violations; to the relevant structural subdivision for entry into an electronic database, rapid response and statistical accounting; to the Service Agency of the Ministry when the order concerns weapons related matters; to the emergency management centre when the order provides for electronic surveillance; and to the local guardianship and custody authority when the order concerns a minor. The victim and the abuser may appeal the restrictive order within 3 days of its delivery. If features of a crime emerge during the examination, the case materials are sent to the relevant body for the decision on criminal prosecution.
The Protective Order and Its Duration
A protective order is issued for a period of up to 9 months, and the court determines its specific duration. The court also decides any change to the duration of the protective order. Extension is possible during the validity of the order for an additional period of not more than 3 months if there is a danger to the victim or another family member. A protective order must provide for the abuser's completion of a mandatory training course oriented toward changing violent attitudes and behaviour. Failure by the abuser to comply with the requirements of a restrictive or protective order, as well as disobedience to a social worker's decision on the separation of a minor, entails liability in the manner established by Georgian legislation.
Who May Request an Order and the Effect of Reconciliation
The right to request the issuance of restrictive and protective orders belongs to the victim, a family member of the victim, or, with the victim's consent, a social worker or a person providing the victim with medical, legal or psychological assistance. In cases of violence against a minor, this right also belongs to the guardianship and custody authority. The police are further empowered to issue a restrictive order on their own initiative where there is sufficient ground to suppose that a person's constitutional rights and freedoms may be violated through neglect or coercion, or through physical, psychological, economic or sexual violence.
The law separately regulates situations concerning a person released from a penitentiary establishment: an authorized officer of the Ministry of Internal Affairs assesses the information received, is entitled to request the individual assessment report of the convicted person from the penitentiary institution, establishes the person's whereabouts, takes an explanation, and, if there is sufficient ground to suppose that violence may be repeated, issues a restrictive order even without a request from the victim. Reconciliation of the victim and the abuser does not prevent the issuance of protective and restrictive orders and does not cause their cancellation if a danger of further violence still exists or if the fact of violence contradicts the interests of other family members, especially minors. Cancellation upon the parties' joint application is possible only after a comprehensive examination of the circumstances and only where no danger remains. If a non custodial restrictive measure has been applied to the abuser in criminal proceedings, the authorized court examines and decides the application of restrictive measures for the protection of the victim within those criminal proceedings.
Measures for Correcting the Abuser's Behaviour
The law treats measures directed at correcting the abuser's attitudes and behaviour as measures aimed at changing violent behaviour and at providing the abuser with psychological and social support. Their purpose is to prevent the repetition of violence, to ensure the safety of the victim, to foster the abuser's acknowledgment of responsibility for violent behaviour and its consequences, and to maintain positive changes in the abuser's attitudes and behaviour. The mandatory training course plays a central role in achieving these goals, and the procedures and forms of such corrective measures are determined by a decree of the Government of Georgia.
Frequently Asked Questions
For how long are restrictive and protective orders issued?
A restrictive order is issued for up to 1 month and takes effect immediately. A protective order is issued for up to 9 months, with the specific term set by the court; where a danger persists, it may be extended by an additional period of not more than 3 months.
Who may apply for an order?
The victim, a family member of the victim, or, with the victim's consent, a social worker or a person assisting the victim, as well as the guardianship and custody authority in cases of violence against a minor. The police may also issue a restrictive order on their own initiative.
Can an order be appealed?
Yes. The victim and the abuser may appeal a restrictive order within 3 days of its delivery. Questions of changing the duration of a protective order are decided by the court.
Does reconciliation between the parties terminate an order?
No. Reconciliation neither prevents the issuance of orders nor causes their cancellation while a danger of violence remains or the interests of other family members, especially minors, are contradicted. Cancellation requires a joint application and the absence of danger.
How We Help on Legal.ge
The Legal.ge team assists in domestic violence cases at every stage: we assess your situation, help prepare the request for a restrictive or protective order, represent you in court, and protect your interests in dealings with the police and other agencies. Contact us for a first consultation, and we will help you choose the right legal step and build a clear protection strategy.