# Restraining and protective orders in Georgia — lawyer

Restraining and protective orders are the main tools against domestic violence and violence against women in Georgia. We help victims obtain an order and defend the person it was issued against — through an appeal, cancellation, or when accused of a breach.

- Confidential

- Georgian · English · Russian

- Free first consultation

- Courts of all instances

A restraining order is issued by the police for up to 1 month and takes effect immediately. A protective order is issued by a court for up to 9 months; if the threat continues, it can be extended by no more than 3 months. An order can bar the abuser from the shared home, from approaching the victim, or from using weapons, or impose electronic monitoring.
An order can be requested by the victim, a family member, or — with the victim's consent — a social worker or someone helping the victim. The police can also issue a restraining order on their own initiative. Breaching an order is a crime (Article 381¹).

## The key rules

- Restraining order — police, up to 1 month; it can be appealed within 3 days of receipt

- Protective order — court, up to 9 months; extension — no more than 3 months more

- After reconciliation an order can be cancelled on a joint application — if there is no longer a threat

- A protective order requires the abuser to take a mandatory training course

## Breaching an order — Article 381¹

- Breaching an order or evading electronic monitoring — a fine, 180–240 hours of community service, or up to 1 year in prison

- Repeatedly — 1 to 3 years in prison

## Our services

- Requesting a restraining or protective order

- Appealing an order within 3 days

- Cancelling an order or changing its term

- Defence against a breach charge (381¹)

- Housing, contact with children and weapons issues

- Representing the victim in the criminal case

## Questions & answers

### How long does a restraining order last?

Up to 1 month. A protective order is issued by a court for up to 9 months and can be extended by 3 more.

### Can a restraining order be appealed?

Yes. Both the victim and the person it was issued against can appeal within 3 days of receiving it. The deadline is very short — contact a lawyer immediately.

### What happens if an order is breached?

Breaching an order is a crime: a fine, community service or up to 1 year in prison; repeatedly — 1 to 3 years.

### Is the order cancelled after reconciliation?

Not automatically. It can be cancelled on a joint application if the victim or other family members are no longer at risk.

## Legal basis

- [Law on Violence against Women and/or Domestic Violence](https://matsne.gov.ge/ka/document/view/26422)

- [Criminal Code of Georgia](https://matsne.gov.ge/ka/document/view/16426)

Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.

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Source: https://mmlaw.ge/en/restraining-protective-orders/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge
