A victim of domestic violence may apply to the court for temporary protection against violence in the case of any kind of physical, sexual, psychological or economic violence which has taken place between former or existing spouses, or other mutually associated persons, regardless of whether the perpetrator shares or has shared a common household with the victim.
A protective order is an act issued by a judge in the manner of administrative proceedings, which determines temporary protection measures for the victim. The manner and procedure of issuing a protective order and applying it to the court are determined by the administrative procedure code of Georgia. The application for the issuance of a protective order is considered in the court of first instance according to the place of residence of the victim.
Victims, their family members and/or, with the consent of the victim, a social worker or a person who provides medical, legal or psychological assistance to the victim, may apply for a protective order. In cases of violence against a child, the issuance of a protective order may be requested by the relevant guardianship and custody authority. A protective order is effective immediately upon issuance and shall be issued for a period of up to nine months. A court shall specify its particular validity period.
Protective order & Human rights
A court order on protection against violence is one of the remedies that the State may take to ensure the protection of victims’ rights. If the court fails to issue an order on temporary protection without any lawful grounds, it may result in a violation of the right to life, the prohibition of inhumane or degrading treatment and the right to private and family life.
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – the court) fails to effectively respond and provide protection to the victims of domestic violence in cases of immediate threats to their lives, freedom or health, it may result in a violation of the prohibition of discrimination in conjunction with a violation of the right to life and/or the prohibition of inhumane or degrading treatment, and the right to private and family life.
About this section
This section of the Guide will explain what protection victims can request from the court and which procedures take place to gain the court order on temporary protection and what to do when the order is violated by the perpetrator.