Domestic violence: what to do under Georgian law

What to do

1. Safety: in immediate danger — call “112” (Public Safety Centre “112” of the Ministry of Internal Affairs (Law on Elimination of Violence against Women and/or Domestic Violence, Protection of and Assistance to Victims of Violence (“Domestic Violence Law”), Art. 10)). Classification: violence — physical, psychological, economic, sexual, or coercion by a family member (Domestic Violence Law, Art. 3); a family member includes, among others, a former spouse and a former unregistered partner (Domestic Violence Law, Art. 4).
2. Immediately: a restraining order (შემაკავებელი ორდერი) is issued by the police — for up to 1 month (Domestic Violence Law, Art. 12); the order may remove the aggressor from the housing even if they own it (Domestic Violence Law, Art. 10); the order may be appealed within 3 days of its service (Domestic Violence Law, Art. 10).
3. Then: a protection order (დამცავი ორდერი) — issued by the court of first instance at the victim's place of residence (Administrative Procedure Code of Georgia, Art. 21¹³); consideration within 10 days of registering the application (Administrative Procedure Code of Georgia, Art. 21¹³); validity — up to 9 months (Domestic Violence Law, Art. 12); extension — for not more than a further 3 months if the threat persists (Domestic Violence Law, Art. 12); reconciliation does not prevent the issuing of orders (Domestic Violence Law, Art. 13).
4. Criminal protection: violence, systematic insult, blackmail or humiliation of a family member that causes pain or suffering is a crime (Criminal Code of Georgia, Art. 126¹); in the presence of a minor it is an aggravated offence (Criminal Code of Georgia, Art. 126¹); breach of an order is a separate crime (Criminal Code of Georgia, Art. 381).
5. Support: shelter, crisis centre and support are free of charge, even without cooperation with the police (Domestic Violence Law, Art. 17); shelter — up to 4 months, including for dependants (Domestic Violence Law, Art. 18); legal aid at the state's expense (Domestic Violence Law, Art. 17). Divorce, children and maintenance can be pursued in parallel.
6. Where to apply: police (call “112”); district court at the victim's place of residence — protection order; prosecutor's office — criminal prosecution; shelters and crisis centres; guardianship authorities — if a child is affected.
7. Evidence: medical examination, photos of injuries, recordings and messages with threats, witnesses, previous police calls and orders.
8. Pitfalls: reconciliation made under pressure does not cancel the order while the threat persists; missing the short deadline to appeal a restraining order; the aggressor's ownership of the housing does not prevent their removal under an order.

Be sure to check

• immediate safety — call “112” for the police
• restraining order (police) and protection order (court) — who issues each and for how long
• criminal liability for domestic violence and for breach of an order
• free shelter, crisis centre and legal aid