Domestic violence in Georgia — Article 126¹: penalties
Domestic violence is violence, systematic insults, blackmail or humiliation by one family member against another, causing physical pain or suffering (Article 126¹). If health is harmed, the act is assessed under the bodily harm articles. In such cases the police usually also issue a restraining order.
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Possible penalties
| When | Penalty |
|---|---|
| Basic offence | 80–150 hours of community service or up to 2 years in prison, with or without restrictions on weapon rights |
| Against a minor, a helpless or disabled person or a pregnant woman; in a minor's presence; against two or more people; as a group; repeatedly | 200–400 hours of community service or 1 to 3 years in prison, with or without restrictions on weapon rights |
| Breaching a restraining or protective order (Article 381¹) | A fine, 180–240 hours of community service or up to 1 year in prison; repeatedly — 1 to 3 years |
Penalties follow the current text of the Criminal Code of Georgia. In a specific case the outcome depends on the circumstances, compensation of damage, a plea agreement and other factors.
What matters for the defence
- Whether the parties are 'family members' under the law
- Whether there was physical pain or suffering and how it is proven
- Systematic conduct — a one-off conflict or a pattern
- Witnesses, recordings and medical records
- Strictly complying with any order while the case is ongoing
If you are accused or arrested
- Use your right to remain silent and ask for a lawyer — from the first contact with the investigating authority
- Don't sign any document you don't understand
- You must be charged within 48 hours of arrest, and within the next 24 hours a court decides on a preventive measure
- Decide on compensating the damage or settling with the victim together with your lawyer
If you are a victim
- Call 112 or go to the police or the prosecutor's office
- Keep the evidence: photos, video, messages, receipts, witnesses' contacts
- Ask for victim status — it gives you rights in the case, for example to be informed about its progress
- You can claim compensation for the damage — a lawyer will help
Questions & answers
What is the penalty for domestic violence?
For the basic offence — community service or up to 2 years in prison; with aggravating circumstances — 1 to 3 years.
Who counts as a family member?
A spouse and children, as well as parents, siblings, grandparents, grandchildren, the spouse's parents, an unmarried partner and a former spouse.
Does reconciliation end the case?
Not automatically. The state investigates domestic violence, and reconciliation doesn't by itself cancel an order if there is still a threat.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
Related practice area: Violent crimes
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