Georgia’s Family Violence Act gives you access to several types of protective orders that can shield you from an abuser. You can obtain temporary ex parte orders for immediate protection, standard orders lasting up to 12 months, or even permanent orders in severe cases. These orders prohibit all contact, can grant you temporary custody of children, and require abusers to complete counseling programs. Understanding each protection option helps you choose the right legal path forward.
Understanding the Family Violence Act and Who It Protects
Georgia’s Family Violence Act, found in O.C.G.A. § 19-13-1 and the sections that follow, gives you legal tools to protect yourself from abuse by family or household members. The law covers qualifying family relationships including current or former spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and anyone who lives or has lived in your household.
Under this Act, family violence includes battery, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass. Courts examine patterns of prior abuse and the likelihood of future violence when evaluating your petition. Whether you’ve experienced a single incident or ongoing harm, you can seek protection through this framework. The Act provides civil remedies separate from any criminal proceedings. You can obtain a protective order against a same-sex partner who qualifies under these family or household relationship categories. If the court grants your petition, a temporary protective order can remain in effect for up to three years, providing extended security during your recovery.
Types of Protective Orders Available to Domestic Violence Survivors
Four distinct types of protective orders exist under Georgia law to help domestic violence survivors establish legal boundaries against their abusers. Understanding your options helps you select the right protection for your situation.
Georgia law provides four distinct protective order types, each designed to create legal boundaries between domestic violence survivors and their abusers.
Temporary Ex Parte Orders provide immediate relief before court hearing timelines allow for a full proceeding. Judges issue these within days when you demonstrate imminent danger through the petition process requirements. These orders generally last for 30 days but can be extended if the court determines ongoing protection is necessary.
Final Protective Orders follow a full hearing where both parties present evidence, lasting up to three years. These orders can be extended or made permanent based on the circumstances of your case.
Stalking Protective Orders address harassment patterns even without a family relationship.
The petition process requirements vary by order type, but each offers critical protections:
- No-contact and stay-away provisions
- Temporary custody and support arrangements
- Criminal penalties for violations
Your attorney guides you through appropriate court hearing timelines for each option.
Duration and Extension Options for Family Violence Protective Orders
Understanding how long your protective order lasts, and when you can extend it, helps you plan for ongoing safety.
| Order Type | Duration |
|---|---|
| Ex Parte (Temporary) | Up to 30 days |
| Standard FVPO | Up to 12 months |
| Extended FVPO | Up to 3 years |
| Permanent FVPO | No expiration |
Your ex parte order remains effective until your hearing, typically scheduled within 10–30 days. Continuance impacts your protection timeline, though orders stay enforceable during extensions agreed upon by both parties. A judge can issue this temporary order at an ex parte hearing if good cause is established, meaning the judge believes you face immediate danger.
After your hearing, you’ll receive a final FVPO lasting 6–12 months. Before expiration, you can file a motion to extend protection up to three years. Court discretion determines whether you’ve demonstrated continued need. In severe cases, judges may grant permanent orders with no expiration date. Unlike criminal protective orders that end when criminal proceedings conclude, FVPOs can be renewed to provide longer-term safety solutions tailored to your family situation.
Specific Protections and Relief Granted Through Protective Orders
When you obtain a family violence protective order in Georgia, you can request specific protections tailored to your situation. The court can grant no-contact provisions that prohibit your abuser from communicating with you directly or through others, award you temporary custody of your children and exclusive use of your residence, and require your abuser to pay child support or spousal support. You may also request that the court order your abuser to complete counseling or treatment programs as a condition of the protective order. A final protective order lasts one year initially but can be extended up to three years or made permanent upon motion to the court.
No-Contact Order Provisions
How effectively can a protective order shield you from an abuser’s unwanted contact? Georgia courts can impose extensive restrictions that bar all direct and indirect communication with you.
Your no-contact order can prohibit:
- All phone calls, texts, emails, and electronic communication barriers that block social media contact
- Third-party messages sent through friends or relatives
- Physical presence at your home, workplace, or children’s school
Courts also provide property retrieval guidance by ordering law enforcement to assist when you need personal belongings, eliminating direct interaction with your abuser. These provisions can restrict surveillance, following, and unwanted appearances at locations you frequent. The temporary order goes into effect upon service to the respondent, meaning protections begin as soon as your abuser is officially notified.
Violating no-contact terms carries serious consequences, including arrest for aggravated stalking and potential jail time.
Residence and Custody Awards
Beyond preventing unwanted contact, Georgia protective orders address immediate practical concerns about where you’ll live and who will care for your children. Courts can grant you exclusive possession of the family residence and evict your abuser immediately, even when co owning property together. Law enforcement can accompany you home and supervise when your abuser retrieves belongings.
If staying home isn’t safe, courts may order your abuser to provide suitable alternate housing and keep your new address confidential. Protective orders can also award you temporary sole custody of minor children and establish supervised visitation at neutral locations. Courts can restrict overnight visits and prohibit dangerous behaviors during parenting time. You’ll maintain rights like accessing children’s records while these temporary arrangements remain in effect throughout the order’s duration. The order can also grant you possession of a car, keys, insurance, and registration to ensure you have reliable transportation for yourself and your children.
Counseling and Financial Support
Georgia protective orders extend far past physical safety measures; they also address your abuser’s behavior and your financial stability. Courts can impose counseling mandates requiring your abuser to complete certified batterer intervention programs, substance abuse treatment, or family violence counseling. Noncompliance exposes them to contempt proceedings, fines, or incarceration.
You can also secure critical financial relief through your protective order:
- Temporary child support and spousal support based on documented financial need
- Utility protections preventing your abuser from disconnecting essential home services
- Insurance safeguards barring cancellation of health, auto, or life insurance policies
Additionally, courts may award attorney’s fees and costs, reducing your financial burden. You can request access to vehicles, work tools, and personal property necessary to maintain employment and economic independence. The court can specifically grant you possession of a car along with the keys, insurance documentation, and registration needed to use it. Beyond financial provisions, protective orders can establish temporary custody arrangements that ensure your children remain safe and in your care while the order is in effect.
How to File for a Protective Order in Georgia Courts
If you’re seeking a protective order in Georgia, you’ll file your petition with the Superior Court in the county where the respondent lives. You’ll need to gather key evidence, including documentation of violent incidents, threats, injuries, and proof of your relationship to the abuser. Georgia law guarantees you won’t pay any filing fees when seeking protection under the Family Violence Act or stalking statutes. The Safe Families Office at the Superior Court of Fulton County can provide free legal representation to help you through this process. Petitions may be filed in person at the Superior Court Clerk’s Office or electronically via Guide & File.
Where to File Petitions
When you’re ready to seek a protective order in Georgia, knowing exactly where to file your petition can save valuable time during an already stressful situation. You’ll file your petition with the Superior Court Clerk’s Office in the county where the respondent lives.
Key filing logistics to remember:
- If the respondent lives outside Georgia, you can file in the county where you reside or where the abuse occurred.
- Georgia waives filing fees for family violence protective order petitions.
- The clerk will assign your case number and route it to a judge for emergency review.
For petition form access, obtain standardized forms through the Georgia Superior Court Clerks’ Cooperative Authority or your local Superior Court Clerk’s Office. Local domestic violence agencies can also help you locate and complete required paperwork.
Required Evidence and Documentation
Strong evidence forms the backbone of any successful protective order petition in Georgia courts. You’ll need to gather photos of injuries with timestamps, medical records documenting treatment, and police reports from domestic violence incidents.
Collect all threatening text messages, emails, and voicemails with sender information visible. Georgia’s one-party consent rule allows you to record conversations you’re part of, which can strengthen your case. Documentation of property damage can also serve as compelling evidence of abusive behavior.
Court procedures require you to provide your government-issued ID and the respondent’s full legal name, date of birth, and address. Include relationship details and information about shared children if custody matters apply.
For petitioner safety and credibility, maintain a detailed incident log with specific dates, times, and locations. Organize everything chronologically with clear labels, and prepare multiple copies for the judge. Witness statements from medical staff, counselors, or social workers can provide valuable professional insight that corroborates your account of the abuse.
No Filing Fees
Georgia law eliminates all filing fees for Family Violence protective order petitions, removing a significant barrier that might otherwise prevent survivors from seeking court protection. Under O.C.G.A. § 19-13-54(b) and § 15-6-77(e)(4), you won’t pay fees for filing, issuance, registration, or service of your protective order.
Court procedures guarantee the following costs are waived:
- Filing fees with the Clerk of Superior Court
- Service of process fees for notifying the respondent
- Certified copies of your protective order for enforcement
These protections apply whether you’re seeking an initial 12-month order, an extension, or modifications. While respondent representation may involve their own legal costs, courts can shift certain expenses to the abuser after a final hearing, ensuring you’re not financially burdened for seeking safety.
Evidence Requirements for Obtaining a Family Violence Protective Order
How much evidence do you actually need to obtain a protective order in Georgia? The standard is preponderance of the evidence; you must show it’s more likely than not that family violence occurred.
Your own detailed witness testimony often serves as the primary evidence. Describe specific incidents: dates, locations, exact acts of violence, injuries sustained, threats made, and whether weapons or children were present.
Supporting evidence strengthens your case. This includes photos of injuries, screenshots of threatening messages, police reports, medical records, and circumstantial evidence like damaged property or torn clothing. Witnesses who observed injuries or violent incidents can also testify.
You don’t need overwhelming proof. Courts regularly grant protective orders based on credible testimony combined with documentation showing past violence and your reasonable fear of future harm.
Criminal Consequences When Abusers Violate Protective Orders
Once you’ve obtained a protective order, Georgia law backs it with real criminal consequences if your abuser violates its terms. Non-violent violations typically constitute misdemeanors punishable by up to 12 months in jail and $1,000 in fines. However, prosecutorial discretion allows charges to escalate based on conduct severity.
Violations involving violence, threats, or weapons can trigger felony charges with sentencing ranges of 1–10 years imprisonment and fines up to $10,000. Courts may also impose criminal contempt penalties of up to 20 days per violation.
Key consequences your abuser faces include:
- Immediate arrest upon probable cause of a breach
- Permanent criminal record affecting employment and custody rights
- Enhanced penalties for repeat violations
These consequences create meaningful deterrence and reinforce your protection under Georgia law.
Enforcement and the Family Violence Protective Order Registry
A single statewide database, the Family Violence Protective Order Registry, serves as Georgia’s centralized system for collecting, storing, and verifying protective orders. The Georgia Crime Information Center maintains this registry, which operates 24/7 to support immediate enforcement actions when you need protection most.
Registry administrative workflows guarantee your order reaches the right agencies. After a court issues your protective order, the Superior Court clerk indexes and scans the document, then transmits it electronically through the GSCCCA to the GCIC system. This creates a complete record accessible to law enforcement officers, prosecutors, and judges statewide.
Registry data confidentiality protections limit access to authorized justice-system users through unique credentials and secure GCIC terminals. Officers can instantly verify your order’s existence, terms, and validity dates before making enforcement decisions.
Local Resources and Support Programs for Protective Order Assistance
When you’re traversing the protective order process, knowing where to find help can make the difference between a successful petition and an overwhelming experience. Georgia offers multiple pathways for connecting survivors with effective advocacy and legal support.
Key Resources for TPO Assistance:
- Georgia Statewide Domestic Violence Hotline (1-800-334-2836) – Available 24/7 for crisis intervention, safety planning, and referrals to local shelters and legal resources.
- Fulton County Safe Families Office – Provides free legal representation, petition drafting, and hearing preparation through AVLF and PADV partnerships.
- Georgia Legal Services Program and Atlanta Legal Aid – Offer free civil legal help for qualifying survivors seeking family-violence or stalking protective orders.
Many Superior Courts host on-site advocates who’ll explain procedures, help with forms, and accompany you during hearings.
Frequently Asked Questions
Can I Get a Protective Order if My Abuser Lives in Another State?
Yes, you can seek a protective order even if your abuser lives in another state. Georgia courts may exercise jurisdiction if the abuse occurred here or if threatening communications were received in Georgia. Once issued, cross state enforcement is guaranteed under federal law, all states must honor your Georgia order. If you’re considering interstate relocation, your order remains valid nationwide. You’ll file in Superior Court and must properly serve the respondent out of state.
Will My Protective Order Be Valid if I Move to Another Georgia County?
Yes, your protective order remains fully valid regardless of location changes within Georgia. County distinctions don’t affect enforcement, Georgia law states protective orders apply throughout the entire state. Law enforcement in your new county must enforce your order just as the issuing county would. You should keep a certified copy readily available and consider notifying local law enforcement about your existing order to guarantee quick response if needed.
Can My Abuser Still Contact Me Through Social Media With a Protective Order?
No, your abuser cannot legally contact you through social media with a protective order in place. Georgia protective orders typically prohibit all contact, including direct messages, comments, friend requests, and tags on social platforms. Courts also ban social media monitoring of your accounts as stalking behavior. If your abuser violates these restrictions, you should document the contact and report it immediately, protective order violations can result in criminal contempt charges and additional penalties.
What Happens to Our Shared Pets When a Protective Order Is Issued?
Under Georgia’s HB 177, you can request pet custody arrangements that grant you care, custody, and control of household pets, including emotional support animals, when seeking a protective order. The court can order your abuser to stay away from the animal and prohibit them from harming, taking, or concealing it. You should list each pet in your petition, and law enforcement can assist with safe retrieval from your shared residence.
Can I Drop a Protective Order if I Reconcile With My Abuser?
You can’t simply drop a protective order on your own, you must file a motion to dismiss with the court that issued it. A judge reviews your request and decides whether to grant it, weighing reconciliation challenges and safety concerns. Until the court signs a dismissal order, the original terms remain enforceable. The judge may also address shared property divisions and modify rather than fully dissolve the order’s protections.
