A Restraining Order — What It Is and Why It Demands an Immediate Response
A restraining order is an act issued by an authorised police officer which determines the temporary protective measures for a victim in a case of violence against women and/or domestic violence. It is issued on the basis of the risk-assessment questionnaire defined by the protocol approved by an order of the Minister of Internal Affairs, for an operational response to a fact of violence. The order takes effect immediately and is sent/handed to the victim and the abuser within 24 hours. The order may contain severe restrictions: the abuser's removal from the victim's home regardless of whether the abuser owns that home; a prohibition on approaching the victim, her workplace and other places where the victim is present; a prohibition on the sole use of joint property; the restriction or prohibition of the use of weapons, including service weapons, and the temporary confiscation of weapons held in personal ownership; and electronic surveillance. The day the order is received, a lawful defence must begin — and that is precisely the stage we structure first.
Checking the Lawfulness of the Order and the Appeal Route
A restraining order is not unconditional: the grounds for its issuance are subject to review. The issuance procedure rests on the risk-assessment questionnaire, and in cases provided for by criminal legislation connected with an investigation the issuance is mandatory — circumstances to be analysed separately. The law gives the right to appeal the order to the victim and to the abuser alike: the appeal proceeds under the general administrative complaint and court rules — the details of that route are established by separate legislation and must be determined precisely in each case. We also check the formal side of the order — date and place of issuance, grounding circumstances, the parties' data, the list of prohibited actions — and build the appeal position on the violations that actually exist.
Durations, Cancellation and Reconciliation
A restraining order is issued for up to one month — a short window allowing fast, purposeful action. A protective order, which a court issues under administrative proceedings, is issued for a period of up to nine months, and its validity may be extended by not more than three additional months if a danger to the victim or another family member exists — calculating these periods is the foundation for planning the position. Upon reconciliation of the parties, on the basis of their joint application, the operation of protective and restraining orders may be cancelled by the corresponding decision, after a comprehensive study of the circumstances of the case. It does not take place, however, where a danger of violence still exists or the fact runs counter to the interests of the victim's other family members, especially minors — reconciliation is no automatic way out. We structure a cancellation demand correctly in legal terms: by joint application, with substantiation of the absence of danger and with control over the time limits.
Electronic Surveillance and Weapons-Related Restrictions
Electronic surveillance of the abuser may be imposed upon the issuance of a restraining order and at any time during its validity — in a special case, where a real risk of repeated violence exists. In assessing that risk, consideration is given to past violations of an order and their character, a past violent crime, threats, and the use or display of a weapon. The surveillance protocol is submitted to the court for approval within 24 hours of issuance; failing that, or upon refusal, the surveillance must cease immediately, and it may not exceed the order's validity period. The order may likewise restrict or prohibit the use of weapons, including service weapons, and temporarily confiscate weapons held in personal ownership. These restrictions touch a person's daily life directly, and controlling their correctness is the central part of our service.
Consequences of Violation and Our Role on the Side of the Designated Person
Non-compliance with the requirements of a restraining or protective order entails liability in the manner established by Georgian legislation, and the order itself contains an express warning. At the same time, criminal-law mechanisms do not hinder the issuance of an order — two different tracks, each worked separately. We represent the person against whom the order was issued: we check the lawfulness of the issuance, structure the appeal or cancellation, control the electronic surveillance and weapons restrictions, and defend the position in episodes marked as alleged violations. Lawful instruments, not emotional confrontation — that is the route that improves your standing.
Frequently Asked Questions
Below we answer the questions raised most often about the cancellation and appeal of a restraining order.
Can a restraining order be appealed?
Yes — the law gives the right of appeal to the victim and to the abuser alike, under the general administrative complaint and court rules; building the position requires precise knowledge of those rules.
For what period is a restraining order issued?
A restraining order is issued for up to one month. A protective order is issued for up to nine months and may be extended by not more than three months where a danger exists.
Is the order cancelled upon reconciliation?
On a joint application cancellation is possible, but not where a danger of violence remains or the interests of other family members, especially minors, are affected.
What happens if I do not comply with the order's requirements?
Non-compliance entails liability in the manner established by legislation, and the order itself carried the corresponding warning. That is why the order must be challenged or cancelled by lawful means, not by violation.
How We Help on Legal.ge
We check the lawfulness of the order, build the appeal and cancellation position, conduct the correspondence with the authorities and represent you in every instance. Contact us on Legal.ge — we will assess the order and design a defence plan.