Domestic violence (Article 126¹ of the Criminal Code of Georgia) is a particularly sensitive and strictly regulated area. State policy towards domestic crimes is uncompromising, reflected in frequent detentions, immediate issuance of restraining orders, and restricted plea bargaining. Domestic violence includes not only physical impact (beating, injury) but also psychological (insults, humiliation, threats), economic (restricting access to finances), and sexual violence between family members. Charges can be brought against a spouse, parent, child, or other relative. Often, during divorce or custody disputes, parties use false accusations of domestic violence to gain an advantage. The lawyer's role is critical both to protect the victim and to refute false accusations, as a conviction carries long-term legal and social consequences.
What does Domestic Violence Defense service cover?
Lawyers specialized in family and criminal law offer:
- Managing restraining and protective orders: Appealing police-issued restraining orders in court if baseless, or conversely, requesting an order to protect the victim.
- Criminal defense: Defending the accused during investigation and trial. Preventing pre-trial detention.
- Coordination with divorce/custody proceedings: Handling civil disputes parallel to the criminal case to ensure the crime fact is not used to illegally restrict access to children.
- Evidence gathering: Psychological expertise, interviewing neighbors, analyzing communication history to confirm or deny psychological violence.
- Victim representation: Protecting the victim's interests to ensure the offender receives appropriate punishment and the victim's safety is guaranteed.
Common Situations and Scenarios
Domestic violence cases are diverse:
- Physical conflict between spouses: Arguments escalating into physical contact. Often both parties can be both aggressor and victim.
- Psychological terror: Systematic humiliation, control, blackmail using children.
- Parent-child conflict: Violence against an elderly parent or a minor child (corporal punishment).
- Divorce-related disputes: False police reports to evict a spouse from the house.
Georgian Legislation and Legal Framework
Key acts include Article 126¹ of the Criminal Code and the Law on Prevention of Violence against Women and Domestic Violence. Penalties range from community service to imprisonment for up to 2 years, or more in aggravating circumstances (e.g., in the presence of a minor). State policy is strict: reconciliation often does not lead to case dismissal as it is a matter of public prosecution. A lawyer is essential to ensure the court objectively evaluates circumstances rather than following a blanket strict policy.
Service Delivery Process
The lawyer gets involved immediately upon the issuance of a restraining order or arrest. First, a defense strategy is agreed upon. If the accusation is baseless, the lawyer gathers alibis and witnesses. If a crime was committed, work focuses on mitigating the sentence.
Why choose a specialist on Legal.ge?
Domestic violence cases require a delicate approach and knowledge of family law. Lawyers on Legal.ge will help protect your rights and dignity in difficult life situations, ensuring full confidentiality.
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