In Georgia, restraining orders (called protective orders in the statutes) are free to file, and a judge can sign a temporary order the same day you petition if the facts show you are in danger. You file in the Superior Court of the county where the other person lives, a full hearing takes place within 30 days, and a permanent order can last up to a year, with the possibility of extension to three years or indefinitely.1Justia. Georgia Code 19-13-4 – Protective Orders and Consent Agreements
Which Situations Qualify
Georgia recognizes three categories that support a protective order, and the one that fits your situation determines which statute governs and where you file.
Family Violence
Family violence covers harmful acts between people in specific domestic relationships: current or former spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and anyone living or formerly living in the same household. The qualifying acts include any felony, battery, simple battery, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass. Ordinary parental discipline through corporal punishment does not count.2Justia. Georgia Code 19-13-1 – Family Violence Defined
Dating Violence
Dating violence applies to people in a committed romantic relationship or who share a pregnancy, even if they have never lived together. The relationship must involve intimacy beyond ordinary friendship, though sexual involvement is not required. Someone who dated the respondent within the past 12 months also qualifies. The qualifying acts mirror family violence: any felony, simple battery, battery, simple assault, or stalking.3Justia. Georgia Code 19-13A-1 – Definitions
Stalking
Stalking protective orders do not require any domestic or romantic relationship. Any adult can petition. Stalking under Georgia law means following, surveilling, or contacting someone without consent in a way that places them in reasonable fear for their safety or their family’s safety. The behavior must form a pattern, not an isolated incident, and it must serve no legitimate purpose. An explicit threat is not required, and the statute covers electronic contact through phones, email, computers, and social media.4Justia. Georgia Code 16-5-90 – Stalking; Psychological Evaluation
How to File
Take the petition to the Clerk’s Office of the Superior Court in the county where the respondent lives.5Georgia.gov. Get a Protective Order You do not need a lawyer, and there is no filing fee. Georgia law requires that any assistance provided in preparing and filing the paperwork be free.6Justia. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence Court-designated staff from family violence shelters and social service agencies can help you fill out the forms.
The petition must be verified, meaning you sign it under oath. Describe specific facts showing that the violence or stalking happened and is likely to happen again. Include dates, locations, and what occurred in each incident. Police reports, medical records, photographs of injuries, threatening messages, and witness statements all strengthen the petition.
The Temporary Order and the Hearing Within 30 Days
A judge reviews the petition immediately after filing. If the facts show probable cause of danger, the court can issue a temporary protective order (TPO) that same day on an ex parte basis, meaning the respondent has no advance notice and no chance to argue before it takes effect. The TPO takes effect when signed and stays in force until the full hearing or dismissal, whichever comes first. It can bar the respondent from contacting you, approaching your home or workplace, and anything else the judge finds necessary for your safety.6Justia. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence
The respondent must then be served with the TPO and notice of the hearing. The full hearing has to take place within 30 days of filing. If the court cannot schedule it within the filing county in that window, another county in the same judicial circuit can hear it. If no hearing occurs within 30 days and neither party has agreed to an extension, the petition is automatically dismissed. If a judge finds the respondent is deliberately dodging service to run out the clock, the deadline can be extended by another 30 days.
What Happens at the Hearing
Both sides can present evidence and testimony at the full hearing. As the petitioner, you carry the burden of proof under the “preponderance of the evidence” standard, meaning you have to show it is more likely than not that the alleged conduct occurred. That is a much lower bar than the “beyond a reasonable doubt” standard used in criminal trials.6Justia. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence
The respondent has the right to attend, bring a lawyer, cross-examine witnesses, and present evidence. If you fail to appear as the petitioner, the order expires. If the respondent fails to appear after being properly served, the judge can still issue the order based on your evidence alone.
What the Order Can Require and How Long It Lasts
After the hearing, a judge can grant an order lasting up to one year. On your motion, and after notice and a hearing, the court can convert that into an order lasting up to three years or into a permanent order with no expiration date. “Permanent” in this context means indefinite; it does not mean unchangeable.1Justia. Georgia Code 19-13-4 – Protective Orders and Consent Agreements
Georgia’s protective orders are broad. A judge can tailor the order to the situation, and available provisions include:
- Ordering the respondent to stop all violent or threatening behavior
- Granting you possession of a shared home and evicting the respondent
- Requiring the respondent to provide alternate housing for a spouse, former spouse, or parent and children
- Awarding temporary custody of minor children and setting visitation terms
- Ordering child support or spousal support payments
- Dividing possession of personal property
- Prohibiting all contact, direct or indirect
- Ordering the respondent to attend psychiatric or psychological treatment
- Awarding attorney’s fees and court costs
The court cannot issue mutual orders covering eviction, stay-away terms, no-contact provisions, or mandatory treatment against both parties unless the respondent filed their own verified counter-petition at least three business days before the hearing. That rule prevents a respondent from using the hearing to gain leverage without going through the proper filing process.1Justia. Georgia Code 19-13-4 – Protective Orders and Consent Agreements
Stalking protective orders follow a parallel process under O.C.G.A. 16-5-94. A non-minor can petition for themselves or on behalf of a minor in the household. The court can grant temporary relief ex parte and then issue a temporary or permanent order after a hearing. The stalking statute does not set a maximum duration, so judges have discretion on how long the order lasts.7Justia. Georgia Code 16-5-94 – Restraining Orders; Protective Orders
Firearms Consequences for the Respondent
A permanent protective order can trigger a federal firearms ban that catches many respondents off guard. Under 18 U.S.C. ยง 922(g)(8), a person subject to a qualifying order cannot possess, ship, or receive any firearm or ammunition. The prohibition applies when three conditions are met: the respondent had actual notice and an opportunity to participate in the hearing; the order restrains harassing, stalking, or threatening an intimate partner or child; and the order either finds the respondent a credible threat to the partner or child’s physical safety or explicitly prohibits the use or threatened use of physical force. A temporary ex parte order does not trigger the ban because the respondent has not yet had a hearing, but an order issued after a full hearing typically does. Violating the ban is a separate federal felony carrying up to 15 years in prison.8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Enforcement Across State Lines
A Georgia protective order does not stop at the state line. Under the federal Violence Against Women Act, every state, tribe, and territory must give “full faith and credit” to protective orders issued elsewhere, enforcing them as if they were local. Your Georgia order protects you in Florida, California, or any other state without refiling. For interstate enforcement, the issuing court must have had jurisdiction, and the respondent must have received reasonable notice and an opportunity to be heard. If the order is registered in another state, that state cannot notify the respondent of the registration unless you ask them to.9Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders
Penalties for Violating the Order
Knowingly and nonviolently violating a family violence, dating violence, or criminal family violence order is a misdemeanor. Prohibited behaviors include returning to a residence the order excludes, going near a named workplace or school, approaching within a restricted distance, and any direct or indirect contact by phone, email, or other means.10Justia. Georgia Code 16-5-95 – Violation of Civil Family Violence Order, Dating Violence Order, or Criminal Family Violence Order A standard Georgia misdemeanor carries up to 12 months in jail and a fine of up to $1,000.11Justia. Georgia Code 17-10-3 – Punishment for Misdemeanors Generally
Penalties climb sharply when the violation involves stalking. Stalking someone while subject to a protective order, restraining order, bond condition, or condition of probation or parole prohibiting that behavior is aggravated stalking, a felony carrying one to ten years in prison and a fine of up to $10,000.12Justia. Georgia Code 16-5-91 – Aggravated Stalking
Modifying or Dismissing the Order
Either party can ask the court to modify a protective order when circumstances change. A respondent who has moved to a different city might ask to adjust geographic restrictions. If the parties reconcile, the petitioner can ask the court to modify or dismiss the order to allow contact. The court has to approve any change and will weigh it against the petitioner’s safety.
One point respondents often misread: even if the petitioner initiates contact and appears to welcome it, the order stays legally binding on the respondent until a judge formally modifies or dissolves it. A text message or phone call from the petitioner does not waive the order. If the respondent reciprocates while the order is active, they can still be arrested and charged with a violation, no matter what the petitioner wants.