Tornike Chikovani, criminal lawyer in Tbilisi, Georgia
Family safety & protective orders

Electronic Monitoring and Weapon Restrictions

Electronic monitoring and weapon restrictions in domestic-violence matters: examine the operative order, service, risk assessment and alleged breach.

English legal guideTbilisi · Georgia-wide
What matters in this case

The legal and evidential questions

Electronic Monitoring and Weapon Restrictions. The first task is to separate the criminal investigation from the temporary protective-order process. The statutory starting point shown on this page is Article 126¹ (Domestic violence). It applies to qualifying violence, systematic insult, blackmail or humiliation within the statutory family relationship; injury provisions may also be considered.

Obtain the operative order, risk assessment, service record, monitoring terms, alerts, location data, weapon records and any decision modifying or terminating restrictions.

Questions to answer first

01

Separate the criminal investigation from the temporary protective-order process

02

Identify whether the client needs defence, protection or coordinated representation

03

Preserve messages, recordings, medical evidence and the precise terms of any order

04

Address children, housing, contact, weapons and electronic monitoring without breaching an order

Evidence that may matter

  • Police risk assessment and incident records
  • Restraining or protective order and proof of service
  • Messages, calls, photographs and recordings
  • Medical records and witness accounts
  • Location, access-control and electronic-monitoring data
Criminal Code articles to consider

Criminal Code articles to check

Article 126¹

Domestic violence

Applies to qualifying violence, systematic insult, blackmail or humiliation within the statutory family relationship; injury provisions may also be considered.

Read full Article 126¹ text on this page
Article 117, 118 and 120

Intentional bodily-injury provisions

Articles 117, 118 and 120 address different classifications of intentional harm. Article 119 is deleted, so the medical classification, causation, intent and any claimed self-defence must be mapped to the current provisions.

Read full Articles 117, 118 and 120 text on this page
Article 236

Illegal firearms, ammunition or explosives activity

Purchase, storage, carrying, manufacture, transport and sale are distinct forms of conduct under the provision.

Read full Article 236 text on this page
Why the cited article can change
Relevant Criminal Code wording

Read the relevant Criminal Code provisions

The panel below reproduces the available official English wording for convenient reading. Check the current Georgian text and the exact article part before relying on it, because later amendments may not yet appear in translation.

Article 126¹Domestic violence

1. Violence, regular insult, blackmail, humiliation by one family member against another family member, which has resulted in physical pain or anguish and which has not entailed the consequences provided for by Articles 117, 1 18 or 120 of this Code, –

shall be punished by community service from 80 to 150 hours or imprisonment for a term of up to two years, with or without the restriction of the rights regarding weapons.

2. The same act committed:

a) knowingly against a minor, a helpless person, a person with disability or a pregnant woman;

b) in the presence of a minor against his/her family member;

c) against two or more persons;

d) by a group of persons;

e) repeatedly, –

shall be punished by community service from 200 to 400 hours or imprisonment for a term of one to three years, with or without the restriction of the rights regarding weapons.

The consolidated official source is listed in the source section at the end of this guide.

Article 117Intentional infliction of serious harm to health

1. Intentional infliction of serious harm to health, i.e. bodily injury that is dangerous for life or which has caused the loss of eyesight, hearing, speech or any organ or its function, mental disorder, interruption of pregnancy, permanent disfigurement of the face or other such injury that is dangerous for life and causes permanent loss of general working ability by at least one third, or complete loss of professional working ability knowingly, –

shall be punished by imprisonment for a term of four to seven years, with or without the restriction of the rights regarding weapons.

2. An act provided for by paragraph 1 of this article, which has caused the loss of life, –

shall be punished by imprisonment for a term of five to eight years, with or without the restriction of the rights regarding weapons.

3. An act provided for by paragraph 1 of this article, committed:

a) in connection with the official activities or performance of public duties of a victim or his/her close relative;

b) with regard to hostage- taking;

c) by the means that intentionally endanger the life or health of others;

d) with the aim of concealing any other crime or facilitating its commission;

e) against a family member;

f) by an offender knowingly on a pregnant woman;

g) by an offender knowingly on a minor, a helpless person or a person with a disability;

h) with hooligan motives;

i) due to race, religion, national or ethnic intolerance;

j) due to intolerance for equality of women with men;

k) by a group of persons;

l) against two or more persons;

m) with an extreme cruelty;

n) for mercenary purposes or by contract;

o) with the aim of transplanting or otherwise using an organ, part of an organ or a tissue of a victim’ s body;

p) repeatedly (except for murders under Articles 110-114 of this Code);

q) by a person who had previously committed a murder under Article 108 or 109 of this Code, –

shall be punished by imprisonment for a term of nine to thirteen years, with or without the restriction of the rights regarding weapons.

4. An act provided for by paragraph 3 of this article, which has caused the loss of life, –

shall be punished by imprisonment for a term of ten to fourteen years, with or without the restriction of the rights regarding weapons.

The consolidated official source is listed in the source section at the end of this guide.

Article 118Intentional infliction of less serious harm to health

1. Intentional infliction of less serious harm to health that is not dangerous for life and has not entailed a consequence provided for by Article 117 of this Code but which is related to a long-term deterioration of health or to a stable and less than one-third loss of general working ability, –

shall be punished by corrective labour for a term of up to 18 months or house arrest for a term of six months to two years, or by imprisonment for a term of two to four years, with or without the restriction of the rights regarding weapons.

2. Intentional infliction of less serious harm to health committed under the aggravating circumstances provided for by Article 117(3) of this Code, or by a person who had previously inflicted intentionally a serious health to health or committed an act provided for in Article 108 or 109 of this Code, –

shall be punished by imprisonment for a term of four to six years, with or without the restriction of the rights regarding weapons.

3. An act provided for in paragraph 2 of this article, which has caused the loss of life, –

shall be punished by imprisonment for a term of five to eight years, with or without the restriction of the rights regarding weapons.

The consolidated official source is listed in the source section at the end of this guide.

Article 120Intentional infliction of minor harm to health

1. Intentional infliction of minor harm to health, which has entailed a short-term deterioration of health or an insignificant or unstable loss of general working ability, –

shall be punished by a fine or corrective labour for a term of up to six months, or house arrest for a term of six months to two years, or imprisonment for a term of one to three years, with or without restriction of the rights regarding weapons.

2. Intentional infliction of minor harm to health committed under the aggravating circumstances provided for by Article 117(3) of this Code, or by a person who had previously inflicted intentionally serious harm to health, less serious harm to health or committed an act provided for in Article 108 or 109 of this Code, –

shall be punished by imprisonment for a term of three to five years, with or without restriction of the rights regarding weapons.

The consolidated official source is listed in the source section at the end of this guide.

Article 236Illegal purchase, storage, carrying, manufacturing, transportation, forwarding or sale of firearms (other than hunting smooth-bore firearms (shotguns)), ammunition, explosives or explosive devices

1. Illegal purchase or storage of a hunting firearm or a sports firearm, or of ammunition intended for such a weapon, –

shall be punished by a fine or house arrest for a term of six months to two years, or by imprisonment for a term of up to two years.

2. An act under paragraph 1 of this article committed:

a) by a group of persons;

b) repeatedly, –

shall be punished by imprisonment for a term of two to five years.

3. Illegal purchase or storage of a firearm (except for the one provided for in paragraph 1 of this article), ammunition (except for the one provided for in paragraph 1 of this article), explosive substance or explosive device, –

shall be punished by imprisonment for a term of three to six years.

4. Illegal carrying of a firearm, ammunition, explosive substance or explosive device, –

shall be punished by imprisonment for a term of four to seven years.

5. Illegal manufacturing, transportation, forwarding or sale of a firearm, ammunition, explosive substance or explosive device, –

shall be punished by imprisonment for a term of six to nine years.

6. An act provided for in paragraph 3, 4 or 5 of this article committed by:

a) a group of persons;

b) a person who has previously been convicted for an offence under paragraph 3, 4 or 5 of this article, –

shall be punished by imprisonment for a term of eight to eleven years.

Note: A person who voluntarily hands in the items provided for in this article shall be discharged from criminal liability, unless there are other elements of crime in his/her act.

The consolidated official source is listed in the source section at the end of this guide.

How the process may develop

01Immediate safety and status review
02Police risk assessment
03Restraining or protective order
04Criminal investigation
05Evidence and witness review
06Court response and compliance
Sources & legislation

Primary sources for this guide

Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.

Official consolidated Criminal Code — current text & PDFLaw on Elimination of Domestic ViolenceJuvenile Justice Code
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