The victims of domestic violence are entitled to compensation from the perpetrator for the damages and moral suffering caused, as well as from the State.
A victim who has suffered health or psychological damage as a result of violence can demand compensation from the aggressor, and in the event that he cannot receive adequate compensation from the aggressor, then the victim has the opportunity to request compensation from the state.
Compensation as a separate civil claim
The victim has the right to submit the claim to the appropriate court for compensation for the damage caused to him by the perpetrator as a result of domestic violence. Non-pecuniary damage is compensated only in cases expressly provided by law, in the form of reasonable and fair compensation. Compensation is subject to only such moral damage, the compensation of which is directly provided for by the applicable legislation. When determining moral damage, the court takes into account the degree of guilt of the perpetrator, the victim's statement and individual characteristics.
Compensation from the State
Victims of domestic violence are entitled to state guaranteed compensation according to the Ordinance of the Government of Georgia on determining the amount of compensation to be given to victims of violence against women and/or domestic violence and approving the manner of giving it. A victim who has suffered physical or psychological damage as a result of violence can claim compensation from the state. Compensation can also be requested by the children of the female victim of femicide. It is possible to request compensation from the state only after the damage cannot be compensated by the person who committed the crime. The victim can claim compensation from the state within 3 years of the court's decision on compensation.
The state care agency is the authority authorized to issue compensation. A victim of domestic violence or his representative applies to the state care agency for compensation. The amount of compensation is determined by the legally binding decision of the court on payment of damages, but not more than 10,000 (ten thousand) GEL.
Compensation & Human rights
Compensation to victims is one of the components of proper redress in cases where they have suffered from physical or emotional violence. Therefore, the State is responsible, firstly, to ensure that the legal framework provides for an opportunity to request such compensation, and secondly, to ensure that the claims for compensation are considered by the pertinent state authorities according to law.
The failure to ensure the legal regulations providing for compensation or the failure by the pertinent state authorities to award compensation according to the appropriate legal regulations may result in a violation of the right to an effective remedy.