State protective order laws are relatively similar from one state to the next. In Georgia, protective orders, or "restraining orders," are used to protect individuals from certain types of violence -- generally either family violence or stalking. Protective orders are official court documents that are issued by judges and require a named individual to stay a certain distance away from the person requesting the order and stay away for a certain period of time.
This article provides a brief overview of protective orders in the state of Georgia.
Georgia Protective Orders: At a Glance
The following table lists the main provisions of Georgia protective order laws. For more information on restraining orders and domestic violence, in general, please feel free to check out FindLaw's domestic violence section.
Code Section
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§ 19-13-1 et seq. of the Georgia Code
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Activity Addressed by Order
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- The order directs the respondent to refrain from certain acts
- Grants a party possession of the residence or household of the parties and excludes the other party from the residence or household
- Require a party to provide suitable alternate housing for a spouse, former spouse, or parent and the parties' child(ren)
- Award temporary custody of minor children and establish temporary visitation rights
- Order the eviction of a party from the residence or household and order assistance to the victim in returning to it, or order assistance in retrieving the personal property of the victim if the respondent's eviction has not been ordered
- Order either party to make payments for the support of a minor required by law
- Provide for possession of personal property of the parties
- Order the respondent to refrain from harassing or interfering with the victim
- Award costs and attorney's fees to either party
- Order the respondent to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence
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Duration of Order
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The order shall remain in effect for up to one year; the court may convert a temporary order to an order effective for not more than three years or to a permanent order
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Penalty for a Violation of Order
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Misdemeanor
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Who May Apply for Order
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A person involved in family violence (includes past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other people living or formerly living in the same household)
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Can Fees Be Waived?
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-
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Order Transmission to Law Enforcement
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The petitioner may elect to request periodic security checks from any local law enforcement agency with jurisdiction in which the petitioner resides
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Civil Liability for Violation of Order
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Contempt
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Georgia Protective Orders Laws: Related Resources
Get Help with a Protective Order
Violating a protective order can have serious penalties such as jail time and more. While understanding the exact nature of your protective order in Georgia should be straightforward, it isn't always. If there is a protective order in place against you or you've been arrested for a violation of that order, it is best to speak with an experienced criminal defense attorney.