The Restraining Order Regime and Its Violation
Restraining and protective orders are the two pillars of the mechanism against domestic violence: the first is issued by the police for a short term, the second by a court for a longer term, and both serve to reduce the likelihood of violence against the victim. Violation of these orders entails independent legal liability under a separate norm of criminal law — and precisely for this reason the lawfulness of the order, the procedure of its issuance and its validity period become the subject of dispute. This page explains who may request an order and how, which terms are established, how reconciliation is resolved, and which guarantees the victim has while the order operates.
Issuance Procedure and Requesters
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 case of violence against a minor, the guardianship and custodianship body also has this right. The police may issue a restraining order on its own initiative where a sufficient ground exists to presume that a person's constitutional rights and freedoms may be violated through neglect or coercion and/or physical, psychological, economic or sexual violence against him or her. A special rule concerns persons released from a penitentiary institution: an authorized officer of the Ministry of Internal Affairs assesses the risk on the basis of the information received from the victim and the individual assessment report of the convicted person, and where the information gives sufficient ground to presume that violence may be repeated, takes a decision on issuing the order.
Terms and Extension
A protective order is issued for a term of up to 9 months, the specific term of its validity being determined by the court. The court also decides on changing the term of a protective order; extension is possible during the order's validity and additionally for no more than 3 months where a danger to the victim or another family member exists. A restraining order is issued for a term of up to 1 month. This difference in terms carries a practical weight: the short-term restraining order is an instrument of rapid response, while the protective order is one of long-term protection — and in disputes the expiry of the term or the lawfulness of extension often becomes the central question.
Reconciliation and Cancellation
The law limits the effect of reconciliation: upon reconciliation of the parties, on the basis of their joint application, the operation of protective and restraining orders may be cancelled by a decision of a judge or an authorized police officer, as a result of a comprehensive and complete study of the circumstances of the case — except where a danger of committing violence still exists or another excepting circumstance applies. Moreover, reconciliation of the victim and the perpetrator does not impede the issuance of orders and does not cause their cancellation if the danger still exists or the fact of violence contradicts the interests of other family members of the victim — especially minors. This norm reflects the legislator's approach: reconciliation is not applied as a self-sufficient ground where the need for protection remains.
Victim Information and Release Cases
The law builds a complete system of informing the victim: the bodies issuing orders, the body conducting the criminal case, the support service provider and other authorized bodies are obliged to present to the victim, in an understandable language, the mechanisms of social and legal protection existing in the country. Where a circumstance of release, escape or departure from the institution arises, the penitentiary institution immediately notifies the Ministry of Internal Affairs in writing, and the ministry is obliged to immediately inform the victim of the perpetrator's release or movement. In the interview protocol with the victim, the officer records the victim's attitude toward the convicted person, the convicted person's attitude toward the victim during the serving of the sentence, and other information significant for assessing the risk of repeated violence.
Frequently Asked Questions
For what term is a restraining order issued?
For up to 1 month; a protective order is issued for up to 9 months, the specific term being determined by the court.
Can a protective order be extended?
Yes — during its validity, additionally for no more than 3 months where a danger to the victim or another family member exists; the court decides the question.
Does reconciliation cancel the order?
Only by joint application and after studying the circumstances; where the danger remains or the fact contradicts the interests of other family members, especially minors — no.
Who decides on a released perpetrator?
An authorized officer of the Ministry of Internal Affairs after a risk assessment — on the basis of information received from the victim and the assessment report.
How We Help on Legal.ge
The advocates of Legal.ge work on order-related cases: we assist victims in requesting and extending orders, substantiate the existence of danger, and defend persons charged with violating an order — verifying the lawfulness of its issuance and its actual content. Contact us — in the order regime every detail is decisive.