# 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. - Confidential - Georgian · English · Russian - Free first consultation - Courts of all instances ## Possible penalties WhenPenaltyBasic offence80–150 hours of community service or up to 2 years in prison, with or without restrictions on weapon rightsAgainst a minor, a helpless or disabled person or a pregnant woman; in a minor's presence; against two or more people; as a group; repeatedly200–400 hours of community service or 1 to 3 years in prison, with or without restrictions on weapon rightsBreaching 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 - [Criminal Code of Georgia](https://matsne.gov.ge/ka/document/view/16426) - [Law on Violence against Women and/or Domestic Violence](https://matsne.gov.ge/ka/document/view/26422) Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge. Related practice area: [Violent crimes](https://mmlaw.ge/en/violent-crime-lawyer/) ## Related topics - [#Criminal law](https://mmlaw.ge/en/criminal-defense-lawyer/) - [#Family & children](https://mmlaw.ge/en/family-lawyer/) - [#Your rights](https://mmlaw.ge/en/blog/what-to-do-if-detained/) - - [Juvenile lawyer in Georgia: legal help for minors](https://mmlaw.ge/en/juvenile-justice-lawyer/) - - [Domestic violence charges in Georgia: what to know](https://mmlaw.ge/en/blog/domestic-violence-charges-georgia/) - - [Restraining and protective orders](https://mmlaw.ge/en/restraining-protective-orders/) - - [Criminal defence lawyer](https://mmlaw.ge/en/criminal-defense-lawyer/) - - [Cybercrime lawyer](https://mmlaw.ge/en/cybercrime-lawyer/) - - [Detained in Georgia? Your rights and what to do](https://mmlaw.ge/en/blog/what-to-do-if-detained/) - - [Police search in Georgia: your rights and what to do](https://mmlaw.ge/en/blog/police-search-your-rights/) - - [Fraud charges in Georgia: penalties and your defence](https://mmlaw.ge/en/blog/fraud-charges-in-georgia/) Criminal law ## Crimes and penalties - [Bodily harm](https://mmlaw.ge/en/crimes/bodily-harm/) — Article 117, 118, 120 Intentional minor, less serious and serious bodily harm — penalties from a fine to 14 years. - [Hooliganism](https://mmlaw.ge/en/crimes/hooliganism-article-239/) — Article 239 A gross breach of public order with violence or the threat of violence. Penalties from a fine to 7 years. --- Source: https://mmlaw.ge/en/crimes/domestic-violence-article-126-1/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge