Violence against or neglect of a minor is one of the most serious and sensitive categories of crime, which is treated with the utmost severity by Georgian legislation. Charges may include physical, psychological, economic, or sexual violence, as well as failure by a parent to fulfill duties (neglect) resulting in harm to the child's health or development. Such cases are often complex involving emotional factors, family conflicts, and the child's best interests. A wrongful accusation or inadequate defense can lead not only to imprisonment but also to the deprivation of parental rights and a complete ban on contact with the child.
What does defense service cover in child abuse cases?
Assistance from a qualified lawyer is essential for both the accused and protecting the best interests of the child. Services include:
- Detailed examination of the charge: The lawyer determines whether the charge is based on real facts or is manipulation used by the other party during divorce proceedings.
- Psycho-social expertise: Cooperating with child psychologists and social workers to determine the credibility of the child's testimony (children are often influenced by one of the parents).
- Gathering evidence: Obtaining medical records, school and neighbor references that may prove the parent's integrity or, conversely, the baselessness of the accusation.
- Restraining order issues: Defense against charges of violating restraining order conditions or appealing the order itself.
Common Scenarios
Charges of violence against children can arise in various circumstances:
- Discipline vs. Violence: The line between strict parenting methods and physical abuse. The law prohibits physical punishment, but not every action qualifies as a criminal offense.
- Divorce-related disputes: It is common for one parent to accuse the other of child abuse to gain custody or restrict the other party's rights.
- Neglect: Accusations that a parent failed to provide the child with food, medical care, or a safe environment, resulting in serious consequences.
- Domestic Conflict: When a child becomes a witness or accidental victim during a physical confrontation between parents.
Georgian Legislation
The issue is regulated by Articles 126 (Violence) and 126^1 (Domestic Violence) of the Criminal Code of Georgia. Violence committed against a minor constitutes an aggravating circumstance and carries a stricter sentence. The "Code on the Rights of the Child" and the Law on "Prevention of Violence Against Women and/or Domestic Violence" also apply. Parallel to the criminal case, civil disputes regarding the restriction or deprivation of parental rights often take place, regulated by the Civil Code of Georgia. The lawyer's task is to protect the client from criminal liability while maintaining their parental rights if it does not contradict the child's interests.
Process Flow
The defense strategy includes:
- Immediate Involvement: Engaging a lawyer from the moment of arrest or issuance of a restraining order.
- Investigation: Participating in the child's interview (in the presence of a psychologist) to ensure the neutrality of questions.
- Alternative Measures: Requesting bail or other preventive measures instead of imprisonment in court.
- Court: Proving innocence or reducing the sentence to a minimum, emphasizing rehabilitation rather than punishment.
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