Restraining Order Violation Defense in Georgia | Legal.ge

RestrainingOrderViolationDefense

Is violating a restraining order a crime in Georgia?

Yes, under Article 381¹, it is a criminal offense punishable by community service, house arrest, or imprisonment of up to 1 year.

Can I text the victim if the order prohibits it?

No, sending a text, email, or social media message is considered a violation of the no-contact rule and can lead to your arrest.

What if the victim invited me over?

Legally, you are still violating the court order. The victim cannot unilaterally cancel a state-issued restraining order. You must stay away until the order expires or is revoked by a judge.

Can I get bail for violating an order?

It is difficult, as courts view repeat domestic violence risks seriously. However, a lawyer can argue for bail or non-custodial measures based on the circumstances.

Restraining and Protective Order Violation: Criminal Defense

As part of the fight against domestic violence and violence against women, Georgia implements a mechanism of restraining and protective orders. However, violating the conditions of these orders is no longer just a civil or administrative matter—it is a criminal offense punishable by severe penalties, including imprisonment. Often, individuals do not realize the severity of the situation and think that "just talking" to the victim or "trying to reconcile" does not count as a violation. In reality, any contact—whether a phone call, SMS, social media message, or physical approach—if prohibited by the order, triggers immediate criminal prosecution.

Defense in these types of cases requires a rapid response. Arrests often happen unexpectedly, and the accused needs a lawyer who will protect their interests from the very first moments. The lawyer''s role is to determine whether a violation actually occurred, whether the order was legally served, and whether the contact was initiated by the victim themselves, which somewhat changes the circumstances of the case (though it does not automatically exempt one from liability).

What Does Defense Against Order Violation Charges Cover?

Lawyers registered on Legal.ge offer qualified assistance for charges under Article 381¹ of the Criminal Code:

Analysis of Order Conditions: The lawyer details the conditions of the restraining or protective order. It is crucial to determine exactly what action was prohibited and whether the client violated a specific prohibition.
Evidence Collection: Obtaining phone records, location data, and witness testimonies to confirm or refute the fact of contact.
Court Defense: Representation during the determination of preventive measures (avoiding pre-trial detention) and during the main trial.
Identifying Procedural Violations: Often, orders are served with flaws (e.g., rights and duties were not explained due to a language barrier). The lawyer uses these violations in favor of the defense.

Common Situations and Real-World Scenarios

Charges of violating an order often arise in the following situations:

Attempt to Reconcile: The abuser goes to the victim''s house with flowers or gifts to reconcile. Despite non-violent intentions, the approach itself is a crime.
Seeing Children: A parent violates the order to see their children living with the victim, bypassing the rules established by the court.
Digital Contact: Sending messages to the victim or commenting on social media when the order prohibits electronic communication.
Victim''s Initiative: The victim calls the abuser and asks them to come over, then calls the police. This is a complex legal situation where a lawyer''s involvement is critical.

Georgian Legislation and Legal Framework

Failure to comply with the requirements and obligations provided by a restraining or protective order is punishable under Article 381¹ of the Criminal Code of Georgia. This article provides for punishment in the form of community service, house arrest, or imprisonment (for up to 1 year, and more for repeated offenses). The Law of Georgia on Prevention of Violence against Women and/or Domestic Violence, Protection and Assistance to Victims of Violence is also important, as it regulates the issuance of orders. Criminal liability arises from the moment the order enters into force and is served to the abuser.

Notably, since 2018, legislation has been tightened, and violating an order is directly criminalized instead of being an administrative liability, indicating the state''s strict policy.

Process: What to Expect When Working with a Specialist

If you are charged with violating an order, the first step is to contact a lawyer immediately upon arrest. The lawyer will verify the legitimacy of the order and the service procedure. In court, the lawyer will try to prove that the violation was not intentional (e.g., an accidental meeting on the street) or that contact did not occur. If the violation is factually proven, the lawyer will work on mitigating the sentence, such as advocating for non-custodial penalties (fine, community service) considering the client''s personal characteristics and past.

Why Choose Legal.ge?

Domestic disputes and order violation cases are emotionally heavy and legally complex. Legal.ge offers experienced lawyers specializing in domestic violence and criminal cases. They will help you avoid unjust imprisonment and protect your rights in full compliance with the law. Find your lawyer on Legal.ge today.