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Protective orders in Georgia: family violence, dating violence and stalking
Summary
If you're in danger right now, call 911. Georgia's statewide domestic violence hotline, 1-800-334-2836, can connect you with an advocate who can help you plan for safety and ask for a protective order.
A family violence protective order is a court order that tells someone to stop abusive acts and stay away from you. It can also give you the home, temporary custody of the children and support.[1] There's no fee to file.
A judge can sign a temporary order without the other person present, sometimes the same day you file. Either way, a full hearing must be held within 30 days.[2] After the hearing, an order can last up to a year, and the court can later extend it to three years or make it permanent.[1]
Who can get a family violence protective order
The order covers abuse between current or former spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and people who live or have lived in the same household.[3]
Family violence means any felony, or battery, simple battery, assault, simple assault, stalking, damage to property, unlawful restraint or criminal trespass between those people.[3] An adult can also file on behalf of a child.[2]
Other kinds of protective orders
What a family violence order can do
- Order the other person to stop the abusive acts and not to harass or interfere with you
- Give one person the home and order the other to leave, with help returning home or getting your belongings
- Require a spouse or parent to provide other suitable housing for you and the children
- Give temporary custody of the children and set temporary visitation
- Order child support or spousal support
- Decide who keeps personal property, including household pets, and protect the pets
- Order costs and lawyer's fees, and counseling or other mental health services for the other person
These are all in the statute.[1] A judge usually can't issue matching orders against both people unless the other person filed their own petition at least three business days before the hearing.
How to get one
- File a petition with the Superior Court clerk in the county where the other person lives. If they live outside Georgia, you may be able to file where you live or where the violence happened.[6]
- There's no cost to file. Georgia has standard petition forms, though some counties use their own. Advocates designated by the court can explain the forms and filing at no cost to you.[2]
- Bring ID, copies of your papers, and any evidence, such as photos, texts, emails, medical records or police reports. Write down what happened and when.
- A judge reviews the petition and can sign a temporary (ex parte) order right away if your petition shows violence happened and may happen again. If the judge signs one, you get a copy immediately, and it lasts until the hearing.[2] If the judge doesn't, you still get a hearing. The other person has to be served with the papers.
- The hearing is held within 10 days if possible, and no later than 30 days after filing. You must show your case is more likely true than not. If no hearing happens within 30 days, the petition is dismissed unless both sides agree otherwise, and the judge can allow 30 more days if the other person is avoiding service.[2]
- At the hearing, bring your evidence and any witnesses. The other person may agree to an order instead of a contested hearing, and the judge can approve it as a consent agreement.[1]
How long it lasts
An order after the hearing lasts up to one year. You can ask the court to convert it to an order of up to three years or a permanent order; the other person gets notice and there's a hearing.[1] Ask well before it ends.
The order is valid anywhere in Georgia, and every law enforcement officer in the state must enforce it.[1] Keep a copy with you.
If the order is violated
Call 911. Violating the order can be punished as contempt of court or as a crime.[7] Knowingly breaking a stay-away or no-contact order without violence is a misdemeanor.[8] Following, watching or contacting you to harass or intimidate you in violation of the order is aggravated stalking, a felony.[9] Any violence is a separate crime. Write down each violation and keep any texts, calls or messages.
Protective orders and divorce
A protective order is separate from a divorce. It can quickly settle where the children live, temporary support and who stays in the home, but only for the length of the order. A divorce or custody case decides those things for the long term. You can have both, and it helps to tell the divorce court about the protective order.
Court mediation programs screen family cases for domestic violence. If you're afraid of your spouse, tell the court's mediation office or your lawyer before mediation is scheduled.
Georgia Legal Services Program runs a hotline for family violence survivors who need advice about divorce: 833-457-7529.
Keeping your address private
Georgia's Safe at Home program, run by the Secretary of State, gives survivors of domestic violence, stalking, sexual assault and human trafficking a substitute address to use with state and local agencies, so their home address stays out of public records. The office forwards first-class mail, and your address is sealed on the voter rolls. You give the substitute address to each agency yourself; private companies and the federal government don't have to accept it. It's free, enrollment lasts four years and can be renewed, and you apply with a sworn statement, on your own or with an advocate's help. Call 470-312-2766.
Where to get help
- In an emergency, call 911.
- Statewide domestic violence hotline: 1-800-334-2836 (1-800-33-HAVEN), with help in Spanish. It can connect you with a local program and advocate.
- Legal help: Georgia Legal Services Program serves the counties outside metro Atlanta and runs a family violence divorce hotline, 833-457-7529. In Fulton, DeKalb, Cobb, Gwinnett and Clayton, contact Atlanta Legal Aid Society.
Questions you might ask a lawyer
- Should I file for a protective order, a divorce, or both?
- What evidence should I bring to the hearing?
- How would the protective order affect custody and visitation?
- Should I ask to extend the order before it expires?
- How can court dates and mediation be handled safely in my case?
Common questions
How much does it cost to get a protective order in Georgia?
Nothing. There's no fee to file a petition under Georgia's Family Violence Act, and help from court-designated advocates with the forms comes at no cost to you.[2]
How long does a temporary protective order last in Georgia?
A temporary order signed when you file lasts until the full hearing or until the case is dismissed. If no hearing is held within 30 days, the case is dismissed unless both sides agree otherwise.[2] An order after the hearing lasts up to one year, and the court can convert it to up to three years or a permanent order.[1]
Can I get a protective order against someone I dated in Georgia?
Yes, if you're dating or dated within the last 12 months, or there's a current pregnancy between you, you can ask for a dating violence protective order.[4] A stalking protective order is available whatever the relationship.
Can a protective order give me custody of my children?
Yes, temporarily. The judge can award temporary custody and set visitation as part of the order.[1] Long-term custody is decided in a divorce or custody case.
Sources
- ^ O.C.G.A. § 19-13-4, what the order can do and how long it lasts (Justia)
- ^ O.C.G.A. § 19-13-3, petition, temporary order and hearing (Justia)
- ^ O.C.G.A. § 19-13-1, definition of family violence (Justia)
- ^ O.C.G.A. § 19-13A-1, dating violence (Justia)
- ^ O.C.G.A. § 16-5-94, stalking protective orders (Justia)
- ^ O.C.G.A. § 19-13-2, where to file (Justia)
- ^ O.C.G.A. § 19-13-6, violating an order (Justia)
- ^ O.C.G.A. § 16-5-95, violating a family violence order (Justia)
- ^ O.C.G.A. § 16-5-91, aggravated stalking (Justia)
- Georgia.gov, get a protective order
- Georgia Superior Court Clerks' Cooperative Authority, protective order forms
- Georgia Secretary of State, Safe at Home
- Georgia Secretary of State, Safe at Home questions and answers
- Georgia Commission on Family Violence, statewide hotline
- Fulton County Superior Court ADR Rules, including domestic violence screening (PDF)
Laws and court rules change. If something here looks out of date, email help@divorce.city.