An order-breach case is controlled by the document in force
A summary in a police report is not enough. Counsel should obtain the signed or certified order, all pages and annexes, the service record, any extension or cancellation and the precise clause said to have been breached.
Article 175² addresses non-compliance with requirements and obligations under restraining and protective orders and disobedience to a social worker’s decision to separate a minor. The provision has several parts and interacts with domestic-violence legislation, criminal offences and child-protection measures.
Contact restrictions may concern a person, home, workplace, school, child, weapon, electronic monitoring or communication through third parties. The defence or victim-side review must identify whether the restriction was clear, active and known, and then reconstruct what actually occurred without creating further prohibited contact.
The alleged breach and any new violence are different issues
A contact allegation under Article 175² should be analysed separately from any accusation of domestic violence, stalking, threat, coercion or injury. Repetition and accompanying conduct may alter the legal procedure. Immediate safety measures should continue while classification is reviewed.
The four records that determine the case
The complete order, decision or extension and the exact clause allegedly breached
Proof of personal service, explanation, translation and the period the restriction was active
Objective contact, location, access-control, call, message or monitoring evidence
Prior order history and any separate allegation of violence, threat, stalking or child risk
Order and incident material to preserve
- Certified restraining or protective order and every annex or modification
- Service record, risk assessment, translation and explanation of obligations
- Calls, messages, social-media records and third-party communications in full context
- CCTV, door-entry, GPS, transport and electronic-monitoring information
- Emergency-call, patrol, medical and witness records concerning the alleged incident
- Child-protection and social-worker decision where separation of a minor is involved
Representation may be defensive, protective or coordinated
For a person accused of breach, advice should focus on strict compliance while evidence and the legal basis are challenged through the proper procedure. Direct attempts to explain matters to the protected person can create additional evidence or a further alleged breach.
For a protected person or family member, representation may involve preserving the violation record, seeking urgent safety action and coordinating the administrative allegation with the criminal or protective-order process. A victim’s later communication should be recorded accurately but should not be treated as automatically cancelling an order issued by police or court.
Provisions and connected classifications
Non-compliance with protective measures
The operative clause, service, knowledge, alleged conduct and applicable part must be proved.
Read the Article 175² scopeDomestic violence
A new allegation of violence or qualifying systematic conduct requires a separate Criminal Code assessment.
Read domestic-violence guideOrder terms and challenge
The procedure for issuing the order, its duration, changes and any challenge are governed by the relevant protective legislation.
Read order-response guideArticle 175² — match the alleged act to the active clause
This provision has distinct procedures for restraining orders, protective orders and a social worker’s separation decision. The applicable paragraph, prior history and current criminal boundary must be checked from the operative Georgian text.
Article 175²Non-compliance with restraining or protective orders; social-worker separation decision+
The article addresses non-compliance with requirements and obligations contained in restraining and protective orders and disobedience to a social worker’s decision to separate a minor.
The exact order type, applicable paragraph, prior history and any conduct that may create criminal liability must be verified. The certified order and service record are central evidence.
Open the current consolidated Code on Matsne↗︎The article or procedure may have changed. Check the current Georgian text and the exact document served in the case before relying on this summary.
How we prepare the case
Primary sources for this guide
Administrative law can change quickly, and the official English text may lag behind the Georgian consolidation. Check the article part, issuing authority and document served in the case before acting.
Administrative Offences Code of Georgia — current consolidated record↗︎Law on the Elimination of Violence against Women and/or Domestic Violence↗︎Criminal Code of Georgia — connected domestic-violence offences↗︎