The Institution of Protective and Restraining Orders
Against domestic violence and violence against women, Georgian law creates two special instruments — protective and restraining orders. The protective order is an act of the court and ensures longer-term protection, while the restraining order is a means of rapid police response. The eleventh, twelfth, thirteenth and seventeenth articles of the law determine who may request an order, for what period orders are issued, what happens on reconciliation of the parties, and what rights the victim has in this process.
Who May Request an Order
The right to request the issuance of restraining 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, the guardianship and care authority may also apply. In addition, the police are authorised to issue a restraining order on their own initiative if there is sufficient ground to suppose that a person's constitutional rights and freedoms may be violated through neglect, coercion or physical, psychological, economic or sexual violence.
The law also contemplates one special case: where the matter concerns a person released from a penitentiary establishment, an authorised employee of the Ministry of Internal Affairs assesses the information received from the victim and, where necessary, requests the convict's individual assessment report; if the information gives sufficient ground to suppose that violence may be repeated, the employee decides on the issuance of a restraining order — even without a request.
Periods of Orders and Their Extension
A protective order is issued for a period of up to 9 months, and its specific period is determined by the court. The protective order may be extended during its period of operation by an additional maximum of 3 months if a threat to the victim or another family member exists. The restraining order is issued for a period of up to 1 month — a temporary but rapidly operating protection mechanism that secures the victim's immediate safety while a court decision is pending.
Reconciliation and Cancellation of an Order
A frequent practical question is what happens if the victim and the abuser reconcile. The law establishes a two-sided rule. On the one hand, upon reconciliation, on the basis of a joint application, the operation of protective and restraining orders may be cancelled by a decision of a judge or an authorised police employee — as a result of a comprehensive and complete study of the circumstances. On the other hand, this is possible only where the threat of committing violence no longer exists.
The thirteenth article adds a significant guarantee: reconciliation of the victim and the abuser does not prevent the issuance of protective and restraining orders and does not cause their cancellation if a threat of violence still exists or if the fact of violence contradicts the interests of other family members of the victim — especially minors. This means that reconciliation does not automatically end protection: the decision rests on a real assessment of the risk.
The Victim's Rights and the Protection of Minors
Together with protection orders, the law gives the victim a whole set of rights: to apply to a state body for an order and, considering the gravity of the fact, to demand the use of criminal law mechanisms; to request electronic surveillance of the abuser; to apply to a court for compensation of harm; to receive compensation; to use support services, shelter and a crisis centre free of charge regardless of cooperation with law enforcement; to suspend the labour relationship while in a shelter (no more than 30 calendar days per year); to obtain a temporary residence permit if a foreigner; and to use state-funded legal aid.
The protection of minors is the law's particular concern: at every stage of criminal proceedings their best interests must be considered according to their age and level of development. It is impermissible to question a minor victim in the presence of the suspected abuser parent, or to disclose the minor's testimony to the suspected abuser. The suspected abuser parent's authority to represent the minor is suspended for the duration of the court proceedings, and the guardianship and care authority appoints the minor's representative.
Frequently Asked Questions
For what periods are protective and restraining orders issued?
A protective order is issued by the court for up to 9 months, extendable by an additional maximum of 3 months; a restraining order — for up to 1 month.
Who can request an order?
The victim, a family member, with the victim's consent a helping person or social worker, and in the case of a minor the guardianship authority; the police may also issue a restraining order on their own initiative.
Does reconciliation cancel an order?
Only if the threat of violence no longer exists, confirmed by a full study of the case. Where a threat exists or the interests of other members, especially minors, are affected — no.
What happens with a foreign victim?
They may apply for a temporary residence permit and cannot be returned to a foreign country if there is reason to believe their safety would not be protected there.
How We Help on Legal.ge
Requesting and obtaining a protection order demands exact knowledge of the procedure, the periods and the evidence. On Legal.ge we help prepare the request for an order, provide representation in court and support the use of the victim's other rights — compensation, support services and legal aid. Contact us — we will protect your safety with every means the law provides.