The procedure to obtain a court order on temporary protection against violence has specific regulations as opposed to other civil procedure remedies. Since the protection of the victim requires due diligence and an immediate response, the court shall consider the application within 10 days after its registration in the court registry under the established procedure and shall deliver a decision to issue, annul, extend the period of validity or refuse to issue a protective order.
Timeframe and procedure
The court shall consider the application within 10 days after its registration in the court registry under the established procedure and shall deliver a decision to issue, annul, extend the period of validity or refuse to issue a protective order.
The court shall, within 24 hours after registration of the application in the court registry under the established procedure, forward the application and the attached materials to a person against whom the application has been submitted, and shall grant them the right to provide evidence. The person against whom the application is submitted may prepare a written response regarding the issues indicated in the application and provide evidence within three days of receiving the summons.
A judge may, on the initiative of a party (on the initiative of a guardianship and custodianship authority in the case of a minor) or on their own initiative, review a case at a closed session.
The court shall also consider the issue of the relationship of a perpetrator parent (parents) with a minor. If there are any signs of violence against a minor, the issue of separation of the minor from their perpetrator parent (parents) may be raised in court. The court shall, before delivering a final decision regarding the above, issue a decree as a provisional measure within 24 hours after applying it.
Enforcement
The court’s decision on protection against violence enters into force immediately. Unless otherwise provided for by the law, a protective order shall be drawn up in at least 4 copies, one of which shall be served on the perpetrator, another copy shall be served on the victim, one copy shall remain with the authorised body having issued the protective order, and the fourth copy shall be forwarded to the respective District Office of the territorial body of the Ministry of Internal Affairs of Georgia according to the place of residence of the victim.
If the issue provided for by a protective order refers to a minor, one copy of the order shall also be forwarded to an appropriate local guardianship and custodianship authority, and if the court decision refers to the issues related to weapons, one copy of the protective order shall be forwarded to an appropriate office of the Ministry of Internal Affairs of Georgia.