In domestic violence cases, the police are obliged to intervene and protect a victim from further danger. The police are the first to respond to domestic violence and have the right to issue a restraining order under Georgian Law.
In order to ensure the protection of victims and the restriction of certain actions of abusers, the issuance of a restraining order by an authorised police officer as a temporary measure. The restraining order may involve:
- a matter related to moving an abuser from the house of a victim, whether they are an owner of the house or not
- the matters related to the separation of a victim, a person dependent on the victim from an abuser and their placement in the asylum
- restriction of the right of an abuser to use the joint ownership at their own discretion
- the matters related to the separation of an abuser from a minor
- the matters related to approaching a victim, their workplace and those places, where the victim stays, by an abuser
- the matters related to the carrying out of electronic surveillance.
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 restraining order. In cases of violence against minors, the issuance of a restraining order may be requested by the relevant guardianship and custody authority. A restraining order is effective immediately upon issuance and it is issued for a period of up to 1 month.
Restraining order & Human rights
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – police) 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.