Allegations of domestic violence, whether civil (restraining order) or criminal in nature, create severe legal and reputational problems. Often, family conflicts are emotional and chaotic, where it is difficult to distinguish right from wrong. Unfortunately, there are cases where accusations of violence are used as a tool of manipulation in divorce, child custody, or property dispute proceedings. In such situations, protecting the rights of the accused is crucial to prevent unjust punishment and restriction of rights. The domestic violence defense service implies a comprehensive approach that protects the client both in interactions with the police and during court proceedings.
The defense strategy includes not only refuting the charges but also legally regulating family relations to avoid the escalation of conflict in the future. A qualified lawyer helps the client collect evidence, find witnesses, and establish the truth. On Legal.ge, you will be able to find specialists who understand the delicate nature of family disputes and are ready to defend your interests in any instance.
What Does Domestic Violence Defense Service Cover?
This service is broad in scope and covers all legal needs a person accused of domestic violence might have:
- Appealing Restraining Orders: Checking the legality of a restraining order issued by the police and appealing it in court if it unjustifiably restricts the client's rights (e.g., living in their own home).
- Criminal Defense: Representation at the investigation and trial stages if a case is initiated under Article 126¹. Presenting evidence that no violence took place.
- Defense Against False Accusations: Developing a special strategy for cases where the accusation is fabricated by the other party for revenge or material gain.
- Divorce and Custody Issues: Protecting the client's interests in family disputes running parallel to the violence case so that the accusation does not affect parental rights.
- Negotiation and Mediation: Where the law allows, resolving the conflict through negotiation to minimize legal consequences.
Common Real-World Scenarios
The need for defense often arises during the following typical scenarios:
The first scenario is a mutual conflict. When both parties participated in a fight, but the police arrested only one or issued an order against only one. The lawyer works to ensure the court sees the full picture, not a one-sided version.
The second case is an attempt to gain custody. One parent accuses the other of violence against the child to restrict their parental rights. This is a serious accusation requiring psychological expertise and strong counter-arguments.
The third scenario is violating a restraining order. A person is forbidden from going home, but they have no other residence or need to pick up belongings. Even an unintentional violation of the order's conditions leads to criminal liability, so legal consultation is essential.
The fourth situation is an accusation of psychological violence. Due to the absence of physical traces, the accusation often relies only on words. The defense demands evidence (messages, recordings) that would confirm a systematic nature.
Georgian Legal Framework and Regulations
When conducting defense, lawyers rely on several legislative acts:
- Administrative Procedure Code of Georgia: Regulates the rules for appealing restraining and protective orders in court.
- Criminal Code: Defines the composition of the crime and circumstances excluding liability (e.g., necessary defense).
- Law on Police: Defines the authority of a police officer at the scene of a family conflict and the proportionality of the use of force.
Process and Stages
The defense process begins with reviewing the case materials. The lawyer analyzes police protocols, the order, and witness testimonies. If the case involves appealing an order, a lawsuit is filed in court within 3 days. In a criminal case, standard investigative actions begin. It is important that the accused does not give testimony without a lawyer, as words spoken under stress can be used against them. The defense collects positive character references and evidence proving the client's innocence or mitigating their liability.
Why Legal.ge?
In domestic violence cases, incorrect defense can lead to irreversible consequences — a criminal record, family breakdown, and restricted contact with children. Legal.ge offers access to experienced lawyers who will defend your truth and help restore your dignity. The specialists presented on our platform are ready for the most complex disputes.
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