A Temporary Protective Order in Georgia lasts up to 30 days at the emergency stage, then up to one year once a judge holds a full hearing and issues the longer order. From there, the court can extend protection for up to three years or make it permanent if the danger continues.1Justia Law. Georgia Code 19-13-4 – Protective Orders and Consent Agreements
The First 30 Days: The Ex Parte Order
When you file a petition, a judge can grant an emergency order the same day based only on your testimony and evidence. The respondent does not need to be present or even know about the filing. This first order is called an ex parte TPO, and it exists to protect you while the court schedules a full hearing.
The ex parte order stays in effect until the court holds that hearing or dismisses the case. Georgia law requires the hearing to happen within 30 days of filing. If no hearing takes place inside that window, the petition is automatically dismissed unless both parties agree to a later date.2Justia Law. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence
There is one wrinkle. The respondent has to be personally served with the petition and the hearing notice before the hearing can go forward. If the judge finds the respondent is dodging service to run out the clock, the court can extend the dismissal deadline by another 30 days.2Justia Law. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence That keeps a respondent from escaping the order by hiding from the process server.
Up to One Year After the Hearing
Once the respondent is served, the court holds a hearing where both sides can present evidence and call witnesses. You have to prove that family violence or stalking occurred by a preponderance of the evidence, meaning the judge finds it more likely than not that the conduct happened. If the judge also concludes the behavior is likely to recur, the court issues a protective order that replaces the ex parte TPO.2Justia Law. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence
This post-hearing order lasts up to one year from the date it is issued, with a specific expiration date printed on the face of the order.1Justia Law. Georgia Code 19-13-4 – Protective Orders and Consent Agreements The same rules cover stalking protective orders, because Georgia’s stalking statute uses the family violence procedures for hearing timelines and order duration.3Justia Law. Georgia Code 16-5-94 – Restraining Orders; Protective Orders
Employer protective orders, which let an employer seek protection on behalf of an employee, operate under separate provisions and are not covered by the timeline described here.
Extending Protection to Three Years or Permanently
The twelve-month order does not have to be the end of the case. Before it expires, you can file a motion asking the court to extend it. The respondent gets notice, and the judge holds a new hearing to decide whether the threat still exists.
At that hearing, the court has two options beyond another short term. It can extend protection for up to three years, or it can convert the order to a permanent one with no expiration date.1Justia Law. Georgia Code 19-13-4 – Protective Orders and Consent Agreements The judge typically weighs the severity of the original violence, whether the respondent violated the existing order, and whether threatening behavior continued during the order’s term.
Timing matters here. File the extension motion before your current order expires. If you let it lapse, you have to start over with a brand-new petition and fresh evidence rather than building on the existing case.
Modifying or Ending an Order Early
Either party can file a motion asking the court to change the terms of an active protective order. The motion goes back to the same court that issued it, and the judge holds a hearing before making changes.
Judges generally look for a meaningful change in circumstances. Completion of court-ordered counseling, new living arrangements, a long stretch without incidents, and the respondent’s compliance history are the kinds of factors that weigh in. Input from the protected party also matters.
A modification is not always a weakening. A petitioner might ask to tighten restrictions, add a custody provision that was not in the original order, or expand the geographic reach of a stay-away requirement.
Penalties While the Order Is Active
The duration of an order only matters if it is enforced, and Georgia treats a violation as a crime separate from whatever conduct produced the order in the first place. If the respondent contacts you, appears at a prohibited location, or breaks any other condition, they can be arrested on the spot.
Violating a family violence protective order is a misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000.4Justia Law. Georgia Code 16-5-95 – Violation of Civil Family Violence Order
The penalties climb sharply when the violation involves stalking conduct. Following someone, placing them under surveillance, or making repeated unwanted contact while a protective order is in effect qualifies as aggravated stalking, a felony punishable by one to ten years in prison and a fine of up to $10,000.5Justia Law. Georgia Code 16-5-91 – Aggravated Stalking No prior stalking conviction is required. Stalking behavior while an order is active automatically becomes aggravated stalking.
Stalking is also independently punishable outside the protective order context. A first stalking offense is a misdemeanor, and a second conviction becomes a felony carrying one to ten years.6Justia Law. Georgia Code 16-5-90 – Stalking; Psychological Evaluation
What Happens When the Order Expires
When the order reaches its expiration date and no extension has been granted, it simply ends. The no-contact provisions, stay-away requirements, and any other restrictions are no longer enforceable. There are no automatic consequences under the expired order if the respondent makes contact.
Independent criminal law still applies. Stalking, harassment, and assault remain illegal whether or not a protective order is in place. If you still feel unsafe after your order expires and did not file an extension in time, you can file a new petition. You will need to present current evidence supporting a new order rather than relying on the findings from the earlier case.