Stalking Laws in Georgia: Penalties, Protective Orders, Defenses

Stalking laws in Georgia, set out in O.C.G.A. 16-5-90, make it a crime to follow, surveil, or contact someone without consent as part of a pattern meant to harass and intimidate. A first conviction is a misdemeanor carrying up to 12 months in jail and a $1,000 fine.¹² A second conviction is automatically a felony, and stalking someone while a protective order is in place is charged as aggravated stalking under O.C.G.A. 16-5-91.³ Victims have a dedicated route to a restraining order, and starting July 1, 2026, they can also apply for an address confidentiality program administered by the Secretary of State.

What Georgia Law Defines as Stalking

Under O.C.G.A. 16-5-90, stalking is following, placing under surveillance, or contacting another person without consent for the purpose of harassing and intimidating that person.¹ The statute defines “harassing and intimidating” as a knowing and willful pattern of behavior directed at a specific person that causes emotional distress by putting them in reasonable fear for their own safety or the safety of an immediate family member, and that serves no legitimate purpose.

Two things about that definition matter in practice. First, a single incident is not enough. Prosecutors have to show a pattern. Second, the statute does not require an explicit threat of violence. Conduct that would make a reasonable person fear for their safety can qualify even when no threat was spoken, a point the Georgia Supreme Court emphasized in State v. Burke.⁴

“Contact” is defined broadly. It covers communication by phone, mail, computer, computer network, or any other electronic device, so text messages, emails, social media messages, and messages through any app all count.¹ For jurisdiction, the contact is treated as occurring where the victim received the communication.

Penalties for a Stalking Conviction

First Offense

A first stalking conviction is a misdemeanor.¹ Under Georgia’s general misdemeanor sentencing statute, punishment can reach 12 months in jail, a $1,000 fine, or both.² First-time offenders often receive probation, though the judge has wide discretion.

Before sentencing, the judge may order a psychological evaluation and must consider the defendant’s full criminal history. Psychological treatment can be part of the sentence, a probation condition, or a condition for suspending the sentence. At sentencing, the court is also authorized to issue a permanent restraining order protecting the victim and their immediate family.¹

Second and Later Convictions

The second conviction is where the exposure changes dramatically. Under O.C.G.A. 16-5-90(c), any conviction after the first is a felony, punishable by one to ten years in prison.¹ The escalation is automatic. The behavior does not have to get worse; the prior conviction alone triggers the felony classification.

Aggravated Stalking

Aggravated stalking under O.C.G.A. 16-5-91 is a separate felony that applies when the stalking conduct happens while a court order specifically prohibits it. Qualifying orders include temporary or permanent protective orders, restraining orders, preliminary injunctions, peace bonds, good behavior bonds, and conditions of pretrial release, probation, or parole.³

A conviction carries one to ten years in prison and a fine of up to $10,000.³ The charge can apply on a first offense if a qualifying order was already in place.

Protective Orders for Stalking Victims

Georgia has a stalking-specific protective order process under O.C.G.A. 16-5-94, separate from the family violence orders in Title 19. Any adult who alleges stalking can petition for a restraining order, and an adult can file on behalf of a minor.⁵ This is the route for victims who do not have a family or household relationship with the person stalking them, though family violence victims can also use the Title 19 process.

Emergency Ex Parte Orders

If the petition sets out specific facts establishing probable cause that stalking has occurred and may continue, the court can grant temporary relief on an ex parte basis, without the respondent present.⁵ The order stays in effect until dismissed or a hearing occurs. Under the family violence procedures that apply by cross-reference, a hearing must be held within 30 days of the petition’s filing, and the case is dismissed if no hearing happens in that window unless the parties agree otherwise.

What a Permanent Order Can Do

After a hearing where the petitioner proves the allegations by a preponderance of the evidence, the court can enter a protective order on a temporary or permanent basis. Orders under the cross-referenced family violence provisions last up to one year, and the court can extend a temporary order for up to three years or make it permanent.⁶

A stalking protective order can direct the respondent to stop the behavior, prohibit any harassment or interference, award costs and attorney’s fees, and require psychiatric or psychological treatment.⁵ The court cannot issue mutual protective orders unless the respondent has filed a verified counter-petition at least three business days before the hearing.

Enforcement in Other States

Under federal law, every state and territory must recognize and enforce a valid protective order issued in another state, as long as the issuing court had jurisdiction and the respondent had notice and an opportunity to be heard.⁷ A Georgia stalking protective order remains enforceable if you move. Ex parte orders qualify too, provided the issuing state’s timeline for giving the respondent notice and a hearing is followed.

Firearm Restrictions Tied to Protective Orders

A stalking protective order can trigger a federal ban on firearm possession. Under 18 U.S.C. § 922(g)(8), it is illegal to possess a firearm while subject to a court order that was issued after a hearing with notice, restrains the person from harassing, stalking, or threatening an intimate partner or that partner’s child, and either includes a finding that the person poses a credible threat to physical safety or explicitly prohibits the use or threatened use of physical force.⁸

The U.S. Supreme Court upheld this provision in United States v. Rahimi (2024), holding that temporarily disarming a person found to pose a credible threat to another’s physical safety is consistent with the Second Amendment. The restriction lasts as long as the qualifying order is in effect, and violating it is a separate federal offense.

Address Confidentiality Starting in 2026

Starting July 1, 2026, Georgia’s Secretary of State administers an address confidentiality program under O.C.G.A. 50-18-151.⁹ Stalking victims who are changing their residence can apply to be certified as participants, which gives them a substitute address issued by the Secretary of State’s office. That substitute address can be used in place of the actual address on public records, and the office receives mail and service of process on the participant’s behalf.

To qualify, an applicant must be at least 18 (or an emancipated minor) and submit an affidavit affirming that disclosing the actual address would increase the risk of being threatened or physically harmed. The application also requires a letter from a victim advocate or service provider confirming that the applicant has received services related to their victimization.⁹ Registered sex offenders are not eligible, and applying to avoid prosecution or evade a lawful court order is prohibited.

When Federal Stalking Charges Apply

Most stalking cases stay in state court, but federal charges under 18 U.S.C. § 2261A can apply when the conduct crosses state lines or uses interstate communications. The statute covers two scenarios: traveling across state or territorial lines with intent to harass, intimidate, or surveil someone, and using the mail, internet, or any other interstate communication tool to engage in a course of conduct with that same intent.¹⁰

Federal penalties scale with the harm caused. Where no serious physical injury results, the maximum is five years. Serious bodily injury raises the maximum to ten years, permanent disfigurement or life-threatening injury to twenty, and if the victim dies, the sentence can be life imprisonment.¹¹

Common Defenses to a Stalking Charge

The statute’s own elements shape the defenses. Because it requires a knowing and willful course of conduct with the purpose of harassing and intimidating, a defendant can argue that intent was missing. Contact tied to a genuine business reason, shared parenting, or another legitimate purpose can fall outside the statute, which excludes conduct that serves a legitimate purpose.¹

Mistaken identity comes up often in electronic cases. If the prosecution cannot conclusively tie the defendant to the messages or surveillance, that gap creates reasonable doubt. These cases frequently turn on IP addresses, device records, and account ownership, and that evidence is not always clean.

Free speech arguments arise with social media posts and online commentary. The First Amendment protects opinions, including offensive ones, but it does not protect true threats or a targeted campaign of harassment. Courts look at whether messages were threatening, whether they continued after clear requests to stop, and whether they were intended to cause fear. Posting a public opinion is generally protected. Repeatedly messaging someone who has blocked you, or showing up at their home after being told to stay away, is not, even without an explicit threat.

1
Justia. Georgia Code 16-5-90 – Stalking; Psychological Evaluation
2
Justia. Georgia Code 17-10-3 – Punishment for Misdemeanors
3
Justia. Georgia Code 16-5-91 – Aggravated Stalking
4
Justia. The State v. Burke
5
Justia. Georgia Code 16-5-94 – Restraining Orders
6
Justia. Georgia Code 19-13-4 – Protective Orders and Consent Agreements; Contents; Delivery to Sheriff; Expiration; Enforcement
7
Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders
8
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
9
Justia. Georgia Code 50-18-151 – Office Created
10
Office of the Law Revision Counsel. 18 USC 2261A – Stalking
11
Office of the Law Revision Counsel. 18 USC 2261 – Interstate Domestic Violence