Charged with domestic violence: what to do under Georgian law

What to do

1. What is charged: violence, systematic insult, blackmail or humiliation of a family member that caused pain or suffering (Criminal Code of Georgia, Art. 126¹), punishable by up to 2 years’ imprisonment (Criminal Code, Art. 126¹); if a child is involved, if repeated, etc. — up to 3 years (Criminal Code, Art. 126¹); a family member includes a former spouse and a former cohabitant (Criminal Code, Art. 11¹); any earlier family offence makes a new one a repeat offence (Criminal Code, Art. 11¹). The rights of a detainee and access to a lawyer are the same as in any criminal case.
2. Restraining order: when violence or harm to health within the family is investigated, a restraining order is mandatory (Law of Georgia on Elimination of Violence against Women and/or Domestic Violence, Protection and Assistance of Victims of Violence, Art. 10); it may require removal from the home, even if you are the owner (same law, Art. 10); duration — up to 1 month (same law, Art. 12). To challenge it: appeal within 3 days of service (same law, Art. 10); a claim to the court at the victim’s place of residence, decided within 3 days (Administrative Procedure Code of Georgia, Art. 21¹⁴); the order remains in force meanwhile (Administrative Procedure Code, Art. 21¹⁴).
3. Main risk: failure to comply with a restraining or protective order is a crime under the Criminal Code, not an administrative offence (Criminal Code, Art. 381¹); breaching the order is a separate crime, punishable by up to 1 year’s imprisonment (Criminal Code, Art. 381¹); if repeated — up to 3 years (Criminal Code, Art. 381¹). Do not call, write or visit — even at the victim’s invitation.
4. Sentencing and preventive measures: a fine cannot be the main penalty (Criminal Code, Art. 42); house arrest is not imposed for a family offence (Criminal Code, Art. 47¹); when a preventive measure is chosen, the court gives priority to seizure of weapons and a ban on approaching the victim (Criminal Procedure Code of Georgia, Art. 199). Whether to start or terminate prosecution is decided by the prosecutor at their discretion, guided by the public interest and not by the victim’s wishes (Criminal Procedure Code, Art. 16). Alternative: diversion with a mandatory course on changing violent behaviour (Criminal Procedure Code, Art. 168¹).
5. Defence against exaggeration: testimony — only with a lawyer present; medical data, correspondence, witnesses, video.
6. Where to apply: a lawyer; first-instance court — to cancel the order; magistrate judge — on the preventive measure.
7. Evidence: copy of the order with the date of service, medical records, correspondence, recordings, witnesses.
8. Pitfalls: missing the deadline to appeal the order; “making up” and going back home while the order is in force — a new crime; expecting that the wife will “withdraw the complaint” — prosecution is public.

Be sure to check

• the elements of domestic violence and who counts as a family member
• restraining order — duration, removal from the home even if you are the owner, appeal within the 3-day deadline
• breaching the order is a separate crime; a repeat offence is punished more severely
• features of sentencing and preventive measures (no fine or house arrest; ban on approaching; weapons)
• defence — only with a lawyer; gathering evidence