To file a temporary protective order in Georgia, submit a sworn written petition to the Clerk of Superior Court in the county where the respondent lives. There is no filing fee. A judge can issue an emergency ex parte order the same day, and a full hearing follows within 30 days.1Georgia.gov. Get a Protective Order
Who Can File Under the Family Violence Act
Georgia’s Family Violence Act limits eligibility to people with a specific domestic or household connection to the respondent. You qualify if the respondent is your current or former spouse, someone you share a child with, your parent or child (including stepparents, stepchildren, foster parents, and foster children), or anyone who lives or used to live in the same household as you.2Justia. Georgia Code 19-13-1 – Family Violence Defined
The relationship alone will not carry the petition. The conduct you describe must fit Georgia’s definition of family violence: any felony committed between qualifying household members, or one of these specific offenses — battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.2Justia. Georgia Code 19-13-1 – Family Violence Defined You do not need a prior police report or criminal charge. Your petition is itself a sworn statement.
If the person threatening you is not a household member, former household member, or co-parent, the Family Violence Act will not cover you. Georgia has a separate stalking protective order under a different statute, available to any adult who has been stalked, filed through the same Superior Court system.3Justia. Georgia Code 16-5-94 Ask the clerk for the stalking forms rather than the family violence forms.
Getting the Petition Forms
Blank petition forms are available from the Clerk of Superior Court in your county. The Georgia Superior Court Clerks’ Cooperative Authority also posts editable statewide petition forms online, but some counties use their own versions.4Georgia Superior Court Clerks’ Cooperative Authority. Family Violence / Protective Order Forms If your county has its own form, use that one.
What to Put in the Petition
Because the petition is sworn, specifics matter. For each incident of family violence, write down the date, approximate time, location, and a plain account of what actually happened. A judge decides whether violence occurred and is likely to happen again, so “he was threatening” carries far less weight than a specific description of what was said or done.
You will also need the respondent’s full name, home address, and any contact information you have. If children are involved, include their names, dates of birth, and current living arrangements. If you plan to ask for temporary child support, the clerk can give you the financial affidavits or child support worksheets you’ll need to file alongside the petition.1Georgia.gov. Get a Protective Order
Think ahead about what you want the order to do, because the petition is where you ask for it. Georgia judges have broad authority and can include:
- No-contact and no-harassment provisions.
- Exclusive possession of the shared residence, or an order that the respondent provide you suitable alternate housing.
- Law enforcement assistance retrieving your belongings.
- Temporary child custody and visitation terms.
- Child support and spousal support.
- Possession of specific personal property.
- Court-ordered psychiatric or psychological services for the respondent.
- Attorney’s fees and costs.
Ask for what you actually need. A judge cannot grant relief you did not request.
Where to File and What It Costs
File the completed petition with the Clerk of Superior Court in the county where the respondent lives. There is no filing fee under the Family Violence Act.1Georgia.gov. Get a Protective Order The clerk will assign a case number. Write it down and keep it with you; every future call, filing, or court appearance will reference it.
The Same-Day Ex Parte Hearing
After you file, the court can hold an emergency hearing the same day. This is called an ex parte hearing, meaning only you appear. The respondent is not notified and is not present. The judge reads your petition, hears your testimony, and decides whether there is enough evidence that you face an immediate danger of family violence.5Justia. Georgia Code 19-13-3 – Petition Seeking Relief From Family Violence
If the judge finds sufficient grounds, a temporary ex parte protective order is issued on the spot and you leave with a certified copy. That temporary order stays in effect until the full hearing, typically set within 10 to 30 days. If the judge does not find grounds for emergency relief, you still get a hearing date, and both sides will be heard then.
How the Respondent Gets Served
The judge directs the local sheriff’s department to serve the ex parte order and the hearing notice on the respondent. You do not handle service yourself. The order does not take effect against the respondent until the sheriff actually delivers it.1Georgia.gov. Get a Protective Order If the sheriff cannot find the respondent, the hearing may be pushed back. Call the clerk’s office right away if you learn a new address or workplace where the respondent can be located.
The Full Hearing Within 30 Days
Within 30 days of the ex parte order, the court holds a full hearing with both you and the respondent present. This is the hearing that determines whether a longer-term protective order is issued. Both sides can present evidence, call witnesses, and testify. The respondent has the right to dispute your account and question you.
Bring anything that supports what you put in your petition: photographs of injuries or property damage, text messages, voicemails, medical records, police reports, and the names and contact information of anyone who saw or heard the violence. The stronger and more specific your evidence, the more protective the judge can make the final order. If you don’t show up, the temporary order will likely be dismissed and you’ll be back at square one.
One thing to know about the hearing: the court cannot issue mutual protective orders on key provisions (no-contact, possession of the home, mandatory counseling) unless the respondent filed a counter-petition at least three days before the hearing and met the same evidentiary requirements you did.6Justia. Georgia Code 19-13-4 A respondent cannot walk into your hearing and casually walk out with an order against you.
If You Need Help Before You File
A protective order is a legal instrument, not a physical barrier, and the period immediately after service can be the most dangerous. Have a plan for where to go if the respondent ignores the order, and make sure trusted people know what is happening. The National Domestic Violence Hotline at 1-800-799-7233 offers confidential safety planning around the clock and can help you identify local shelters and legal aid in Georgia.