Family violence

For a long time, discussing home violence was tabooed in our country. It was considered to be interference into the private life of a person. However, now the opinion that ignoring this issue is unacceptable, is spreading more and more. Violence is a threat to the health, safety, and life of a person. It also negatively affects family members, particularly children, causing them psychological disorders. To obtain an overview of the situation, take a look at the statistics. More than 6000 out of 64000 crimes registered in 2019 were fulfilled due to home violence. That means that 10% of all crimes occurred in the country happen due to domestic violence. Literally, every third family suffers from that. What is the core of the problem, and how to resolve it?

According to my experience, the principal part of our society is not conscious of the meaning of home violence. We all need to define the borderline between the stereotypes developed for years and the law.

Based on aforesaid, jointly with Georgian radio channel Sada, we launch a new project - “Together against home violence!”

Within the framework of this project, I will do my best to answer all crucial questions related to this problem. Specifically, what types of violence exist, criminal indictment, how it can be displayed, and what measures can be taken.

Looking forward to your participation! Let’s say “NO!” to the violence together!

Home violence

Home violence is systematic violent actions, racketing, or exposure to humiliation by one of the family members towards another, which caused physical or emotional traumas. If the victim experienced physical pain, psychological or sexual violence, or was forced to act against his own will. The family as the definition may include a significant number of relatives, even ex-spouses and female friends. The violence is punishable by law even more strictly towards the following categories:

  • underage children;
  • pregnant women;
  • disabled persons;
  • if violence happened in the presence of underage children;

Both men and women can be an offender. However, statistically, men definitely lead.

Sexual violence

The definition of “sexual violence” is differently interpreted in various countries. Broadly, this definition is related to undesired sexual acts fulfilled using physical force. However, victim intimidation to obtain consent for a sexual act or sexual act in a helpless state is also deemed be sexual violence. If a victim is under 18 years old, and even though violence may not physically appear, it is judged as a crime. Any type of sexual act or actions of physical nature towards an underage teenager is a grave crime and strictly punishable by law.

The most commonly spread type of violence towards family members is physical violence. It can be any physical activity, which causes pain or leads to trauma. For example, battery, tortures, and causing health damage due to physical contact. Prohibition on moving towards the victim is also deemed to be physical violence. For instance, locking in the house or restricting contact with relatives and friends. Physical violence is psychological pressure, resulting in physical or emotional suffering, like forcing to take drugs or alcohol.

Not meeting the health requirements towards the family member is also a part of physical violence. We are all definitely aware that we need to take care of old parents. Physical violence towards underage children is punishable by law even more strictly.

Psychological violence

Systematic violence or intimidation from one of the family members towards another, psychological abuse, racketing, and threatening are punishable by law. If you think that punishment for psychological abuse is not as strict as for physical one, you are mistaken. Honor and dignity abuse cause the most ruining emotional damage. Just think, how hard it is to resist the regular quarrels, threatening, and intimidation from the closest person, and how hard it is when people avoid coming to your place. This can last for years. Stress, various phobias, and psychological sufferings become an integral part of your life and make it unbearable. Ask yourself what environment your children live in and how chronic stress will affect their future. Alcoholism does not condone violent behavior. The crimes fulfilled due to a drunken state aggravate a punishment.

Compulsory submission of the family members through leverage is an ugly form of economic crime.

This is when one of the family members bends another one to submission, denying them access to the family budget. A manipulator deprives the victim of the opportunity:

  • to obtain an education;
  • get employed;
  • discourages the career or financial development of the infringed family member to keep entire control over him in every possible way;

Economic violence

Economic violence minimizes the victim’s opportunities to be sustainably self-sufficient and increases the dependence on the offender. Economic violence includes the following:

  • one of the family members is missing the possibility to use own property;
  • one of the family members has the right to spend the money entirely, whereas, in contrast, another person has no chance to get the minimal amount;

Personal estate or immovable property gained during marriage is equally owned by both partners, regardless of who was working or taking care of the children.

Another side of the crime is racketing for any reason from one of the family members. A consistent request to:

  • sell a personal estate;
  • make amendments to the last will;
  • sign any legal document;

All the above can also be considered to be a crime that may cause 2 years of imprisonment.

Child abuse and violence

There are 4 forms of child abuse and violence:

  • physical;
  • emotional;
  • sexual;
  • lack of due control;

All the above can result in suicide and negatively affect the development of a child. Child abuse and violence include any threatening action to his health or mental state, therefore causing pain or physical trauma. Verbal abuse is also a form of violence, as it is harmful to the mental health and suppresses the child. Verbal abuse includes harsh language, threats, intimidation, unfounded accusations, etc.  The following situations are perceived as grave crimes:

  • having any sexual relations with children;
  • joint watching pornographic content;
  • talking on this subject;

And finally, proper physical and intellectual development of a child requires enough feeding, availability of clothes, providing an opportunity to have education, and following the hygienic procedures.

Femicide

Femicide is the ultimate form of violence against women and girls due to gender hate and sexism.

A possessive attitude and male chauvinism are typical for these crimes. For a criminal, sexual connection out of wedlock, adultery, or pregnancy out of wedlock can serve as excuses.

The principal part of murders in Georgia is fulfilled by a spouse or ex-spouse following a rejection to marry, divorce, enter an emotional or sexual connection. A man with the knowledge that a woman "disobeys him" does the violence because of his disappointment. And he definitely justifies himself with traditions and cultural mentality.

What is prohibitory or legal protection order?

Prohibitory or legal protection orders belong to interim measures of protection of victims of violence.

In the moment of violence, it is necessary to call for the police immediately for assistance. The police are obliged to issue a restraining order.  This document includes any measures that a victim of violence may consider reasonable for providing his own safety. For example:

  • prohibition to approach the victim;
  • prohibition to approach his underage children;
  • prohibition to approach the place of living notwithstanding who is an actual owner;

A prohibitory order is valid within 1 month and not to be prolonged. The legal protection order is different from the prohibitory one in the following way: it is issued by an administrative court and valid within 6 months. The legal protection order can be prolonged up to 3 months more.

If adopted by the court decision, there can be carried out electronic surveillance.

GPS surveillance is executed through an electronic bracelet. Breaking its rules according to prohibitory or legal protection orders entails criminal and administrative liability.