Definition of domestic violence
Domestic violence is not only a conflict between a husband and a wife, but any physical, psychological, economic violence, sexual abuse, coercion against any family member, neglect of the basic rights of the child from the side of the parent.
Physical violence – may involve slapping, shaking one’s body, throwing items, beating, torturing, wounding, strangling and etc.
Psychological violence – shouting, threatening, humiliating, blackmailing, mockery, behavior control and etc. that is repeated frequently and seems endless.
Economic violence – control of the income and spending, prohibition of use of joint property (house, car, table, chair, TV set and etc.), restriction on provision of food and medications.
Sexual harassment – means having sexual intercourse using force, coercion, threat, various forms of psychological pressure.
Coercion – forcing a person to do something against his/her will.
Neglect of the basic rights of a child by the parent – failure to fulfill the minimal development and vitally important requirements of a child under 18, when a parent can afford it.
The victim of domestic violence
The victim of domestic violence shall be the person subjected to shouting, threatening, humiliation, blackmailing, mockery, control, depriving of one’s own salary, shadowing, searching of a phone as a result of jealousy, taking off the password of the social network, is called every hour and checked about his/her location, beating, shaking, strangling, torturing, mutilation, sexual intercourse, deprived off the possibility to properly bring up a child, is forced to do something against one’s will by the family member/s.
The following persons are considered to be family members: mother, father, grandmother, grandfather, spouse, child (stepchild), adopted child, adopting parent, adopting parent’s spouse, recipient family, stepchild, brother, sister, parent of a spouse, son in law, daughter in law, former spouse, person in unregistered marriage and their family members, guardian, care taker.
Who should an alleged victim address in the urgent case?
In case of domestic violence, the victim should call 112 and provide detailed information about the given situation. As a result the police officers will immediately visit him/her at the given address. The police officers will interview the alleged victim, violator, all the witnesses, undertake inquiry and accordingly make the decision on issuing/not issuing restraint warrant against the alleged violator, or/and launching an investigation. A restraint warrant can be issued for up to a month and the violator is prohibited to undertake certain activities within this period in respect to the victim. For example: approaching the victim, using joint property, carrying guns, etc. Immediately upon issuing of the restraint warrant, the police officers shall take the victim and other dependents (children under 18 if available) from the place of incident to the temporary center (shelter). The alleged victim is assigned the status of a victim in case of issuing of a restraint warrant, which is necessary for the victim and his/her children under 18 to be allegeable to available services.
Services available to the alleged victim prior to being assigned a status of a victim
Prior to being assigned the status of a victim, an alleged victim, as well as the person already assigned the status of the victim who refuses to go to the shelter can benefit from the services of the crisis center.
The crisis center is the temporary accommodation for alleged victims and victims and where they are provided with: safe environment, meals four times a day, psycho-social rehabilitation, primary and urgent medical care and legal assistance.
Who should the alleged victim address to obtain the status of a victim?
The person considering himself/herself to be the victim of domestic violence shall first of all obtain the status of a victim in order to benefit with all the services offered by state bodies and non-governmental sector.
There are three ways of obtaining the status of a victim:
1. Address the police with an application to issue a restraint warrant against the violator; The restraint warrant shall be issued for one month period – the status of a victim is valid throughout the functioning of the restraint warrant;
2. Address the court with an application to issue a restraint warrant against the violator; The restraint warrant shall be issued for 6 month period – the status of a victim is valid throughout the functioning of the restraint warrant;
3. Address the team working an assigning of the status of the victim of a domestic violence with an application to issue a restraint warrant against the violator; the status of a victim assigned by the team shall be in force for 18 months.
While living in the shelter, the duration of the status of a victim shall depend upon the period of stay in the shelter.
The alleged victim shall choose by himself/herself who to address to obtain the status. However, he/she is not restricted to address all three bodies at the same time. Besides, it shall be mentioned, that restraint and defense warrants are some type of guarantees that the violator will not repeat the forceful action towards the victim.
Time needed to obtain the status of a victim
Restraint warrant shall be issued by the police immediately, as for the defense warrant, it shall be issued by the court within 10 days, as for the domestic violence team, it shall assign the status of a victim within 3 working days.
Where to get 24-hour free phone consultation?
By dealing - 116 006 – one can get free phone service 24 hours a day and all over Georgia. The phone service operates to assist victims and provide them with relevant consultancy.
Services available to a victim
Victim and his/her dependent/s can benefit from the temporary accommodation (shelter) owned by state or/and governmental organizations.
The victim is placed in the shelter for up to three month period. If needed, the period of stay in the shelter may be extended on the decision of the administration.
The victim is provided with daily living environment and conditions, free psychological assistance and legal council if needed. While staying at the shelter, the victim is authorized to use the right to suspend the labor relationships for up to 30 calendar days per year.
Where and when can the decisions concerning the restraint and defense warrants be appealed
An appeal on abolishing the restraint warrant can be filed in the I instance court according to the residence address of the victim. The court shall consider the appeal within 3 days and render relevant decision.
The reasoned decision of the I instance court can be appealed in the Appellate Court within 3 days after the decision had be handed to the parties. The Appellate Court will render the final decision that can not be appealed any more within 7 days.
The decision of the I instance court on refusing the issuing of defense warrant can be appealed in the Appellate Court within 3 days after handing it to the parties. The appellate court will consider the case and render final decision that can not be appealed any more within 7 days.