Protection orders are one of the most effective and rapid mechanisms for preventing domestic violence and protecting victims in Georgia. This is a legal act that prohibits the abuser from approaching, communicating with, or performing certain actions against the victim. There are two types of orders in Georgia: Restraining Orders and Protective Orders. A restraining order is issued by the police immediately upon responding to the scene, while a protective order is issued by the court for a longer duration. These instruments are vital for breaking the cycle of violence and ensuring the victim's safety in a crisis.
The issuance of an order and compliance with its conditions are strictly controlled by the state. Violating the conditions of an order leads to criminal liability, meaning the abuser can be sentenced to imprisonment. However, the procedures for obtaining an order or cancelling it (if issued unjustly) require legal knowledge. Legal.ge offers qualified assistance both in obtaining an order for the victim and in its legal analysis and appeal if the order was issued with procedural violations.
What Does Protection Orders Service Cover?
This service covers all procedures related to the issuance, operation, and cancellation of orders:
- Requesting a Restraining Order: Legal assistance in communicating with the police to have a restraining order issued immediately. Correctly documenting evidence (witnesses, injuries).
- Obtaining a Protective Order via Court: Preparing a lawsuit and representing the client in court to obtain a protective order, which can be valid for up to 6 months and include broader restrictions.
- Defining Order Conditions: Helping to formulate conditions such as removing the abuser from the residence, confiscating weapons, or restricting contact with children.
- Appealing an Order: Defending persons against whom an order was issued baselessly. Filing a lawsuit in court to invalidate the order within 3 days.
- Monitoring and Enforcement: Cooperating with the police to monitor compliance with the order's conditions and demanding a response in case of violation.
Common Real-World Scenarios
Issues related to orders often arise in the following cases:
The first scenario is "Emergency Removal." A husband physically assaults his wife. The police issue a restraining order on the spot for 1 month and force the husband to leave the residence, even if the house is in his name. This is standard procedure.
The second case is "Stalking." An ex-partner will not leave the victim alone, calling and following them. Even without physical contact, this constitutes psychological violence, which is grounds for issuing an order.
The third scenario is extending an order. The 1-month restraining order expires, but the danger remains. At this time, it is necessary to apply to the court for a protective order, which requires lawyer involvement.
The fourth situation is a baseless order. A spouse uses the order as a weapon of revenge to kick the other party out of the house. In such cases, it is necessary to appeal to the court and prove that no violence took place.
Georgian Legal Framework and Regulations
The system of orders is regulated by special legislation:
- Law on Prevention of Violence against Women and Domestic Violence: Defines types of orders, grounds for their issuance, and validity periods.
- Administrative Procedure Code of Georgia (Chapter VII³): Establishes court rules for issuing and appealing restraining and protective orders.
- Criminal Code (Article 381¹): Imposes criminal liability for failure to comply with requirements and obligations provided by the order.
Process and Stages
A restraining order is issued by the police on the spot by filling out a special protocol. It enters into force immediately. If a party disagrees, they can apply to the court within 3 days. The court reviews the case in an accelerated manner, within 3 days of filing. In the case of a protective order, the process begins directly in court, where the victim (or their lawyer) must prove the fact of violence and the existence of danger. The court makes a decision based on evaluating evidence and hearing the parties.
Why Legal.ge?
A protection order is a powerful but legally specific tool. Using it correctly requires thorough knowledge of procedures. Legal.ge allows you to find lawyers who will help you obtain safety guarantees or restore unjustly restricted rights. Do not wait for the danger to escalate — act with the power of the law.
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