Violation of a Protective or Restraining Order — the Legal Outline
For an operational response to violence against women and/or domestic violence, the law provides two temporary measures: the protective order, issued by the first instance court in administrative proceedings, and the restraining order, issued by an authorised police officer on the basis of the risk-assessment questionnaire approved by an order of the Minister of Internal Affairs. The order defines the concrete requirements for the protection of the victim — and the violation of those requirements is precisely the point at which the dispute moves to a new, stricter legal stage. Our service is focused on managing that transition properly, so that a violation does not remain without consequence.
What the Order Demands from the Abuser
A restraining order may provide for: the eviction of the abuser from the victim’s home, regardless of whether the abuser owns it; the removal of the victim and a dependent person from the abuser and their placement in a shelter; the prohibition of sole use of co-owned property; the separation of the abuser from a minor; the prohibition of approaching the victim, their workplace and other places where the victim is present; the imposition of electronic surveillance; and the restriction or prohibition of the use of weapons. The order necessarily contains a warning as well: the abuser is informed in advance that non-fulfilment of the requirements and obligations under the order will entail liability determined by the legislation of Georgia. The order takes effect immediately upon issuance and is delivered to the victim and the abuser within 24 hours. Where an investigation has been opened or is ongoing on specific criminal facts provided for by law, the issuance of the restraining order is mandatory; otherwise the police assesses the risk of repetition and decides accordingly. The order is signed by the issuing officer, the victim and the abuser — details that matter in a dispute about a violation as well, since a properly issued and delivered order is the precondition for establishing the fact of violation.
The Legal Consequences of Violation
The law states directly: the abuser’s non-fulfilment of the requirements of a restraining or protective order, as well as non-compliance with a social worker’s decision on the separation of a minor, entails liability in the manner established by the legislation of Georgia. The Criminal Code treats the non-fulfilment of an order’s requirements as a separate offence — which means the violation does not remain unanswered, and its qualification and measures are determined by the criminal-law norms. At the same time, the application of criminal-law mechanisms against the abuser does not hinder the issuance of a protective or restraining order for the protection of the victim — the two routes operate simultaneously.
The Victim’s Rights upon Violation
The victim is entitled to apply to the relevant state body demanding the issuance of a protective or restraining order and, considering the severity of the violence or in the case of violation of the conditions of issued orders, demanding the application of criminal-law mechanisms. This means that a violation of the order gives the victim grounds to demand a stricter response towards the abuser. In addition, the victim may demand the imposition of electronic surveillance on the abuser, claim compensation of damage, use support services and a shelter or crisis centre free of charge — regardless of any cooperation with law-enforcement bodies — and use state-funded legal aid. While in a shelter, the victim also has the right to suspend the employment relationship, for a period not exceeding 30 calendar days a year.
Frequently Asked Questions
Below we answer the questions we hear most often on this topic.
What happens if the abuser violates the order?
Non-fulfilment of the requirements of the order entails liability in the manner established by the legislation of Georgia. In the Criminal Code this violation is a separate offence, so it requires a legal response rather than remaining a private conflict.
How should the victim act upon a violation?
The fact of the violation is documented — exact time, place, witnesses, relevant records — and an application is made to the relevant body: in the case of violation of the order’s conditions the victim is entitled to demand the application of criminal-law mechanisms. At this stage the advocate’s assistance determines the quality of the documentation.
Do the order and criminal prosecution operate simultaneously?
Yes — the application of criminal-law mechanisms against the abuser does not hinder the issuance of a protective or restraining order. On the contrary, the order is the operational instrument of protection.
What additional rights does the victim have?
Free support services, a shelter or crisis centre — independently of cooperation with law-enforcement bodies — state-funded legal aid, a claim for compensation of damage, and the right to demand electronic surveillance.
How We Help on Legal.ge
The advocates of Legal.ge work on domestic violence cases: we help the victim demand the issuance of an order, document the fact of violation properly, prepare applications demanding the application of criminal-law mechanisms and ensure that the violation does not remain without consequence. If you need state-funded legal aid, we help you exercise that right as well. Book a consultation — a sustainable response begins with timely steps, in the office or online.