How to File a Restraining Order in Gwinnett County

To file a restraining order in Gwinnett County, take your completed petition to the Superior Court Clerk’s office on the second floor of the Gwinnett County Detention Center Court Annex, 2900 University Parkway, Lawrenceville, GA 30043.¹ A judge reviews the petition the same day, and if the facts support it, can sign a temporary protective order on the spot and set a full hearing within 30 days. Georgia calls these orders Temporary Protective Orders (TPOs); there is no filing fee for a family violence petition, and you do not need an attorney.

Pick the Right Type of Order First

Georgia offers two paths, and which one applies depends on your relationship to the person you want protection from.

A Family Violence TPO is available if you and the respondent are current or former spouses, parents of the same child, a parent and child, stepparent and stepchild, foster parent and foster child, or people who currently live or formerly lived in the same household. The conduct must involve a felony or an offense such as battery, simple assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.² A single incident can be enough.

A Stalking Protective Order under O.C.G.A. § 16-5-94 is the right path when the person is a neighbor, coworker, former dating partner, or anyone else outside those family violence categories. Any adult can file, and an adult can file on behalf of a child.³ Stalking means following, surveilling, or contacting someone without consent to harass and intimidate them, and “contact” includes phone calls, texts, emails, social media, and any other electronic communication.⁴ The conduct must place you in reasonable fear for your safety or the safety of an immediate family member. An explicit death threat is not required.

What to Put in the Petition

You will need to identify the respondent clearly and describe what happened in specific, sworn detail. Come prepared with:

The respondent’s full legal name, date of birth, home address, and contact information. An accurate address matters because the Sheriff’s Office has to physically serve the respondent before any hearing can go forward.⁵⁶
A physical description, workplace address, or vehicle details, so law enforcement can locate the respondent if the home address doesn’t work.
A sworn statement describing the most recent incidents. Dates, times, locations, and specific words or actions carry weight. Vague statements do not. “On March 12 at approximately 9 p.m., he came to my workplace parking lot and said he would hurt me if I didn’t come home” is the kind of detail a judge is looking for.

Supporting documents are not required to start the case, but they strengthen it: police report numbers, medical records, photographs of injuries, screenshots of threatening messages, records of 911 calls. Bring what you have. If child support may be involved, financial affidavits and child support worksheets are filed alongside the petition.⁵ The Clerk’s Office keeps the correct form sets for family violence and for stalking petitions and can hand you the right ones.

Filing and Same-Day Review

Bring your paperwork to the Detention Center Court Annex, not the main courthouse. Staff there routinely help petitioners complete the forms. Family violence protective orders carry no filing fee for the petitioner. For a stalking petition that has no family relationship behind it, ask the Clerk’s Office about any costs.

Once your petition is submitted, a judge reviews it the same day in an ex parte hearing, meaning only you are present. If the judge finds probable cause that family violence has occurred and may happen again, they can sign a temporary protective order immediately.⁷ That temporary order is enforceable right away.

The Clerk then forwards the order to the Gwinnett County Sheriff’s Office, which serves the respondent with the paperwork and notice of the full hearing date. If the respondent is avoiding service, the court can extend the timeline by 30 days to allow more time to reach them.⁷

The Full Hearing Within 30 Days

Georgia law requires a full hearing within 10 days of filing, or as soon as practical, and no later than 30 days after the petition is filed.⁷ If no hearing takes place within that window, the petition is automatically dismissed unless both parties agree to a later date. If Gwinnett can’t schedule it in time, the hearing can be held in another county in the same judicial circuit.

Both sides can testify, call witnesses, and present evidence. You must prove your allegations by a preponderance of the evidence, meaning it’s more likely than not that the violence or stalking occurred.⁷ That is a lower bar than a criminal case, but you still need concrete facts. Bring copies of everything referenced in your petition, plus records of any contact or threats that happened after filing.

If the judge is satisfied, they will issue a protective order that can last up to 12 months.⁸ If the respondent doesn’t appear, the judge can still issue the order based on your testimony.

What the Order Can Require

Georgia judges have broad authority to shape the order to your circumstances. Under O.C.G.A. § 19-13-4, a family violence protective order can include any combination of these provisions, and the stalking statute incorporates the same relief:⁸³

An order to stop all acts of family violence and to refrain from harassing or interfering with you.
Exclusive possession of the residence, even if both names are on the lease or mortgage, with the respondent excluded.
An order that the respondent provide suitable alternate housing for a spouse, former spouse, or children.
Temporary child custody and visitation terms while the order is in effect.
Child support and spousal support payments.
Assignment of personal property, including assistance retrieving belongings from a shared home.
Court-ordered psychiatric or psychological services for the respondent.
Attorney’s fees and costs to either party.

Extending the Order

Before the one-year order expires, you can file a motion asking the court to extend it for up to three years or convert it to a permanent order.⁸ The respondent must be notified, and the court holds another hearing. Evidence of continued contact, prior violations, or an ongoing threat all support a longer order. Either party can also ask the court to modify specific terms, such as custody or a stay-away address, but any change requires court approval.

If the Respondent Violates the Order

Violating a protective order is a criminal offense. Call 911 immediately if it happens. Save text messages, take screenshots, and note the time and location. Report every violation to the court, because that record supports any later extension or permanent order.

Violating a stalking protective order is a misdemeanor under O.C.G.A. § 16-5-95, punishable by up to 12 months in county jail and fines, and family violence order violations carry similar misdemeanor penalties under O.C.G.A. § 19-13-6.⁹ A judge can also hold a violator in contempt of court. If the violation involves continued stalking, prosecutors can charge aggravated stalking, a felony punishable by one to ten years in prison and a fine of up to $10,000.¹⁰

Firearm Restriction After the Full Hearing

Once a final protective order is entered after the full hearing, federal law under 18 U.S.C. § 922(g)(8) makes it illegal for the respondent to possess, receive, ship, or transport firearms or ammunition. The prohibition applies whether or not the order itself mentions firearms, provided the respondent had notice and a chance to participate in the hearing, the order restrains them from threatening or harassing an intimate partner or that partner’s child, and the order includes a credible-threat finding or explicitly bars the use of physical force.¹¹ A standard Georgia family violence order after the 30-day hearing typically meets all three conditions. A temporary ex parte order usually does not, because the respondent has not yet had a hearing. Violating the federal ban is a separate federal crime carrying up to 10 years in prison.

Keeping Your Address Private

If you are worried the respondent could find your new address through public records, Georgia’s Address Confidentiality Program lets the Secretary of State’s office serve as your legal mailing address under O.C.G.A. § 50-18-151. Victims of domestic violence, stalking, sexual assault, dating violence, or human trafficking can apply. You must be at least 18 or an emancipated minor, be changing your residence, submit an affidavit that disclosure of your address would increase the risk of being threatened or harmed, and provide a letter from a victim advocate confirming services.¹² Certification lasts four years and is renewable, with updates required within 30 days of any changes.

1
Gwinnett County Courts. Family Violence – Magistrate Court
2
Justia. Georgia Code 19-13-1 – Family Violence Defined
3
Justia. Georgia Code 16-5-94 – Restraining Orders; Protective Orders
4
FindLaw. Georgia Code 16-5-90 – Stalking
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Georgia.gov. Get a Protective Order
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Gwinnett County. Resources and Useful Links
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Justia. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence
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Justia. Georgia Code 19-13-4 – Protective Orders and Consent Agreements
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Justia. Georgia Code 16-5-95 – Violation of Civil Family Violence Order, Stalking Order, or Condition of Pretrial Release
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Justia. Georgia Code 16-5-91 – Aggravated Stalking
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Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
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Justia. Georgia Code 50-18-151 – Office Created; Application; Participation