The Georgia Family Violence Act protects you from violence by family or household members, including spouses, ex-spouses, cohabitants, and parents of your children. Under this law, you can seek protective orders that remove abusers from your home, establish custody arrangements, and require financial support. Violations carry criminal penalties, and law enforcement can arrest violators without a warrant. Understanding the Act’s specific provisions will help you identify which protections apply to your situation.
Definition and Scope of the Georgia Family Violence Act
Understanding how Georgia law defines family violence is essential when you’re seeking protection or facing allegations under the Family Violence Act. Under O.C.G.A. § 19-13-1, family violence includes specific criminal acts, any felony, battery, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass, committed between qualifying parties.
Georgia law provides single incident coverage, meaning you don’t need to prove a pattern of abuse. One qualifying act triggers the statute’s protections.
One incident is enough, Georgia’s Family Violence Act doesn’t require a pattern of abuse to protect you.
The household member definition determines who qualifies under the Act. Related or cohabiting individuals fall within its scope, enabling them to seek protective orders. Victims of stalking behavior are also entitled to notice of release from custody when the person charged is released, as outlined in O.C.G.A. § 16-5-93.
Note that reasonable parental discipline is excluded. However, excessive discipline causing injury may constitute battery or assault, bringing it back under the Act’s coverage. Understanding these boundaries helps you assess your legal options.
Who Qualifies for Protection Under Georgia Law
The Georgia Family Violence Act extends protection to specific categories of individuals based on their relationship to the alleged abuser. You’re eligible if you’re a current or former spouse, parent of the same child, or in a parent-child relationship, including step and foster relationships. Current and former cohabitants, including roommates and same-sex partners, also qualify.
| Protected Relationships | Not Covered |
|---|---|
| Spouses and ex-spouses | Strangers or neighbors |
| Parents of shared children | Coworkers without cohabitation |
| Cohabitants and former cohabitants | Dating relationships without shared residence |
| Step-parents, foster parents, children | Acquaintance violence by non-household members |
If you’ve experienced acquaintance violence or you’re in dating relationships without cohabitation, you’ll need to pursue a stalking protective order instead. Minor children cannot file their own petitions and must have a parent or guardian file on their behalf. There is no cost to file for a protective order, making this legal protection accessible regardless of your financial situation.
Prohibited Conduct and Criminal Consequences
When someone commits certain harmful acts against a family or household member, Georgia law classifies that conduct as “family violence” and treats it as a criminal matter, not a private dispute.
Prohibited acts include battery, assault, stalking, criminal trespass, unlawful restraint, and any felony committed within covered relationships. Georgia emphasizes stalking deterrence by criminalizing repeated following, surveillance, and unwanted contact designed to harass or intimidate you.
If you’ve obtained a protective order, any knowing violation, whether the person contacts you directly, through third parties, or electronically, constitutes a misdemeanor under O.C.G.A. § 16-5-95. Aggravated stalking charges apply when someone stalks you while violating such an order.
These criminal consequences support recidivism prevention by holding offenders accountable. Georgia’s legal framework governing these protections was established with an original rule adoption date of December 3, 2018, and became effective shortly thereafter. You may also pursue contempt proceedings through the court that issued your order.
Protective Orders and Civil Remedies Available to Victims
Beyond criminal accountability, Georgia law provides you with powerful civil tools to establish safety and stability while a family violence situation unfolds. Family violence protective orders under O.C.G.A. § 19-13-4 can prohibit contact, remove an abuser from your home, and grant you exclusive possession of the residence.
Courts address financial considerations through temporary child support, spousal support, and awards of costs and attorney’s fees. Property allocation provisions allow judges to assign possession of vehicles, household goods, and other personal items essential to your daily life.
Ex parte orders offer immediate protection when you demonstrate imminent danger, often issued the same day you file. Temporary protective orders generally last for 30 days but can be extended while awaiting a full court hearing. Final orders typically last twelve months but may extend up to three years or become permanent based on your circumstances. These protective orders are issued after a court hearing where both parties have the opportunity to present evidence before a judge.
Enforcement Mechanisms and Support Services for Survivors
Georgia’s enforcement framework guarantees that protective orders carry real consequences, not just paper promises. When someone violates your protective order, law enforcement can arrest them without a warrant if probable cause exists. Violations carry criminal penalties including up to 12 months in jail and $1,000 in fines, with potential felony prosecution for aggravated stalking.
Court monitoring plays a central role in holding offenders accountable. Judges schedule periodic compliance hearings to verify adherence to no-contact provisions and treatment requirements. If conditions are violated, probation enforcement enables swift revocation proceedings. Additionally, law enforcement officers may utilize risk assessment tools specifically designed for high-risk domestic violence cases to help minimize fatalities.
Your protective order remains valid throughout Georgia, and every sheriff, deputy, and law enforcement officer must enforce it. Courts can impose escalating sanctions, fines, extended probation, incarceration, for repeated violations. You’ll have a designated probation officer to report any subsequent threats or violations directly.
Frequently Asked Questions
Can I Get a Protective Order if My Abuser and I Only Dated?
Yes, you can seek a protective order based on a prior dating relationship. Georgia law no longer requires marriage, cohabitation, or a shared child to qualify for protection. If your relationship was committed and romantic, even without a lack of marriage, you may petition for a Dating Violence Protective Order. You’ll need to show acts like assault, battery, or stalking occurred within the relationship. An experienced attorney can help you navigate this process effectively.
Does the Family Violence Act Apply to Same-Sex Relationships in Georgia?
Yes, Georgia’s Family Violence Act applies to same-sex relationships. Under same sex marriage laws established by Obergefell v. Hodges, you’re protected equally as a spouse. Even without domestic partnership recognition, you qualify if you live or lived together, or share a child. The law uses gender-neutral, relationship-based criteria, not gender, to determine eligibility. If you’re in a non-cohabiting dating relationship, Georgia’s Dating Violence Act provides additional protections.
How Long Does a Permanent Family Violence Protective Order Last in Georgia?
A permanent family violence protective order in Georgia has no automatic expiration date. It remains in effect until a court modifies or terminates it, or until one party dies. Unlike temporary orders that last up to one year, permanent orders provide ongoing protection. Courts consider victim safety concerns when deciding whether to terminate these orders, requiring the restrained party to prove resumed violence is unlikely.
Can I Modify or Cancel a Protective Order After It Has Been Issued?
Yes, you can request modifying a protective order or canceling a protective order after issuance. You’ll need to file a motion with the superior court that issued your order. The court will schedule a hearing where you must demonstrate a material change in circumstances. For cancellation, you’ll need to prove by a preponderance of evidence that violence isn’t likely to resume. The judge retains discretion over all modifications based on safety considerations.
Will a Family Violence Arrest Affect My Abuser’s Gun Ownership Rights?
An arrest alone won’t automatically strip your abuser’s gun rights. However, firearm restrictions can take effect through bond conditions or protective orders issued by the court. Federal law requires court hearing requirements, meaning your abuser must receive notice and an opportunity to respond, before a protective order triggers federal firearms prohibitions. If convicted of a qualifying family violence offense, federal law permanently bars firearm possession. Your attorney can explain how specific orders affect your situation.
