An ex parte order in Georgia is a temporary court order a judge can issue the same day you file, before the other party is notified, to protect you from family violence or stalking. To get one, you file a verified petition in superior court describing what happened; if the judge finds probable cause that family violence occurred and could happen again, the order takes effect immediately and stays in place until a follow-up hearing, which must be held within 30 days.
Who Can File and What Situations Qualify
Georgia offers two main ex parte tracks, and which one you use depends on your relationship to the person you need protection from.
The family violence protective order under O.C.G.A. 19-13-3 is the most common. It covers 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 used to live in the same household. “Family violence” under the statute includes any felony, plus battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass committed between people in those relationships.
If the person harassing you doesn’t fit any of those categories, the stalking protective order under O.C.G.A. 16-5-94 uses closely parallel procedures.1Justia. Georgia Code 16-5-94 – Restraining Orders Georgia also has a separate dating violence protective order process under Chapter 13A of Title 19 for people in dating relationships who don’t share a household.
Filing the Petition
You start by filing a verified petition in superior court. Verified means you sign it under oath. The petition needs specific factual detail: what happened, when, and why you believe more violence or stalking is likely. You aren’t proving your case yet, but the judge needs enough to find probable cause that family violence occurred in the past and may occur in the future.2Justia. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence; Temporary Relief Ex Parte; Hearing
After you file, the judge reviews the petition without the respondent present. That’s what “ex parte” means. The respondent gets notice and service afterward. If the judge grants relief, you get a copy right away, and the order stays in force until the follow-up hearing or dismissal, whichever comes first.2Justia. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence; Temporary Relief Ex Parte; Hearing
Cost isn’t a barrier. Under O.C.G.A. 15-6-77(e)(4), no fee or cost may be assessed for any service by the superior court clerk through entry of judgment in family violence cases, including filing, issuance, registration, or service of the protective order. If you need a foreign language or sign language interpreter for the hearing, the court provides one at no charge.
What the Judge Can Order Right Away
Under O.C.G.A. 19-13-4, the court has broad authority to shape the order to your situation. The temporary ex parte order can include any combination of the following relief:3Justia. Georgia Code 19-13-4 – Protective Orders and Consent Agreements; Contents; Delivery to Sheriff; Expiration; Enforcement
- Directing the respondent to stop the abusive behavior and stay away from harassing, contacting, or interfering with you.
- Granting you exclusive possession of the home and excluding the respondent, or requiring the respondent to provide suitable alternate housing.
- Awarding temporary custody of minor children and setting visitation terms.
- Ordering child support or spousal support payments as required by law.
- Dividing possession of personal property, or ordering help retrieving your belongings.
- Awarding costs and attorney’s fees to either party.
- Ordering the respondent into psychiatric or psychological counseling to prevent further violence.
The temporary order can include any of these, though the full range of relief is usually addressed more thoroughly at the follow-up hearing once the respondent has had a chance to appear.
The Follow-Up Hearing and How Long the Order Lasts
The ex parte order isn’t permanent. Georgia law requires a follow-up hearing within 10 days of filing, or as soon after that as practical, but no later than 30 days after the petition is filed. If no hearing happens within 30 days, the petition is automatically dismissed unless both parties agree to a later date.2Justia. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence; Temporary Relief Ex Parte; Hearing When the county where you filed can’t schedule the hearing in time, another county in the same judicial circuit can host it.
The standard of proof changes at the hearing. The ex parte order needed only probable cause. At the hearing, you must prove your allegations by a preponderance of the evidence, meaning more likely than not.2Justia. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence; Temporary Relief Ex Parte; Hearing Both sides can present evidence, testify, and cross-examine witnesses. If the judge finds you’ve met the burden, the court can issue a final protective order.
A final order can last up to one year. On a petitioner’s motion, with notice to the respondent and another hearing, the court can extend it to up to three years or make it permanent.3Justia. Georgia Code 19-13-4 – Protective Orders and Consent Agreements; Contents; Delivery to Sheriff; Expiration; Enforcement
Penalties for Violating the Order
Every superior court and every law enforcement officer in Georgia has a duty to enforce a valid protective order, and the order is enforceable statewide.3Justia. Georgia Code 19-13-4 – Protective Orders and Consent Agreements; Contents; Delivery to Sheriff; Expiration; Enforcement
Knowingly violating a protective order is a separate crime under O.C.G.A. 16-5-95. It covers nonviolent violations of specific provisions: being excluded from a residence, being ordered to stay away from a residence, workplace, or school, being kept a specified distance away, or being barred from any form of contact. A conviction is a misdemeanor.4Justia. Georgia Code 16-5-95 – Violation of Civil Family Violence Order Violent violations can also be prosecuted as the underlying offense, such as battery or aggravated assault, which carry felony penalties. Conduct that supports both can also be charged as stalking or aggravated stalking.
Firearms and Interstate Effects
Federal law prohibits a person subject to a qualifying protective order from possessing, receiving, shipping, or transporting firearms or ammunition. The prohibition is in 18 U.S.C. § 922(g)(8) and applies whether or not the respondent has been charged with a crime.5Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Not every order qualifies. The respondent must have had actual notice and an opportunity to participate in the hearing; the order must restrain the respondent from threatening or harassing an intimate partner or child; and the order must either include a finding that the respondent is a credible threat to physical safety or expressly prohibit the use of physical force.5Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because the respondent hasn’t yet been heard, temporary ex parte orders generally don’t trigger the federal ban. A final order issued after the follow-up hearing can. In 2024, the U.S. Supreme Court in United States v. Rahimi upheld this provision, ruling that the Second Amendment permits disarming people who pose a credible threat to others.
A Georgia order also travels. Under the Violence Against Women Act, 18 U.S.C. § 2265(a), every U.S. jurisdiction must give full faith and credit to a valid protection order issued by another jurisdiction, and that includes temporary and ex parte orders as long as the respondent has received or will receive notice and a chance to be heard. If you move or the respondent does, the order remains enforceable without re-registration, though carrying a certified copy makes enforcement easier.
If You’ve Been Served With One
Ex parte orders work because they act before the respondent can defend themselves. The mandatory follow-up hearing is the built-in safeguard. At that hearing you can present evidence, cross-examine the petitioner’s witnesses, and argue for dismissal or modification, and judges do dismiss petitions when the proof falls short at the higher standard.2Justia. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence; Temporary Relief Ex Parte; Hearing
Even a temporary order that is later dismissed can create problems. It may show up on background checks and affect professional licensing in fields like healthcare, education, and law enforcement. Anyone whose job requires carrying a firearm can face immediate reassignment or suspension while the order is pending. If you’ve been served, treat the follow-up hearing as the main event and consider consulting an attorney; the consequences reach well beyond the piece of paper.