Georgia Protective Orders Laws

Abuse comes in many different varieties. Whether it’s family violence, dating violence, stalking, or unlawful violence at your workplace, it’s never welcome. Georgia offers an array of protective orders to help victims of any type of abuse.

Figuring out which protective order you require can be tricky. We’ve assembled this guide to help. It identifies all the protective orders available in Georgia, explains what each one does, and shows you how to get the order you need. We’ll also help you find support for what you’re experiencing.

Georgia Protective Orders Laws: Types of Protective Orders

While some are similar in design and function, Georgia has a lot of protective orders available. Taking a look at each one will help make it easier to know which one you need.

Family Violence Protective Order (FVPO)

Also known as domestic violence and domestic abuse, family violence has a somewhat exacting definition under Georgia law. For family violence classification, people in certain close relationships, such as family members, must have specified abusive acts happen between them. For an in-depth explanation of family violence, FindLaw’s Georgia Domestic Violence Laws article has what you’re looking for.

Georgia family violence protective orders (FVPO) are available for victims when both classification requirements are met under the Georgia Family Violence Act. The eligible people and relationships are:

• Spouses
• Former spouses
• Parents and children
• Stepparents
• Stepchildren
• Foster parents
• Foster children
• People who are parents of the same child
• People living in the same household
• People who lived together in the same household

Certain crimes, when paired with qualifying relationships such as family members and household members, are considered family violence. These offenses are:

• Simple assault
• Assault
• Simple battery
• Battery
• Stalking
• Criminal damage to property
• Criminal trespass
• Unlawful restraint
• Any felony

If both elements are present, the offense is family violence. This allows victims access to certain protections and programs like protective orders. An FVPO is a court order containing provisions that dictate what the abuser can and can’t do with regard to the victim. These conditions can include rulings on child custody, living arrangements, and more. Common provisions include:

• Order the respondent (abuser) to have no contact with the petitioner (victim)
• Ordering the respondent to stay away from the petitioner
• Ordering the respondent to stop abusing the petitioner
• Awarding temporary custody of a child and setting temporary visitation rights
• Awarding temporary spousal support and/or child support
• Awarding the petitioner possession of a shared residence
• Ordering assistance to help a victim retrieve personal property
• Ordering the respondent to provide alternate housing for a spouse, former spouse, and minor children
• Ordering the respondent to pay for expenses caused by family violence
• Ordering the respondent to pay the attorney’s fees of the petitioner
• Ordering the respondent to attend a family violence intervention program or an anger management program
• Ordering the respondent to have a psychiatric evaluation

These provisions are not set in stone and are tailored to the needs of each victim. An order can contain some, all, or none of the conditions in this list.

An ex parte temporary protective order lasts between 10 and 30 days or until the final court hearing, whichever comes first. A family violence protective order is issued after the court hearing and lasts up to a year. It’s renewable for up to three years or can become permanent. Step-by-step instructions for filing for an FVPO are available in the “How To Get an Order” section below.

Dating Violence Protective Order (DVPO)

Dating violence protective orders (DVPO) apply to certain relationships not covered under family violence. A dating relationship in Georgia is a committed romantic relationship with a level of intimacy beyond mere friendship. There does not need to be sex to qualify.

While it’s not called family violence, the offenses considered dating violence are similar. Victims of the following crimes are eligible for a DVPO:

• Simple battery
• Battery
• Simple assault
• Stalking
• Any felony

Potential provisions are not as expansive as those offered by an FVPO but cover much of the same territory. Some common inclusions are:

• Ordering the respondent (abuser) from continuing to cease abusing the petitioner (victim) in any way
• Ordering the respondent to attend treatment programs or to have a psychological evaluation
• Ordering personal property returned to the proper party
• Forbidding the respondent from harassing or interfering with the petitioner
• Awarding costs and attorneys’ fees to either party

Provisions depend on the needs of the victim and other factors. The court has the latitude to add whatever it considers necessary.

Dating violence protection orders mirror those of an FVPO. A dating violence temporary ex parte order lasts between 10 to 30 days or until the full court hearing. After the hearing, a final protective order is issued if the court agrees that the threat of further abuse remains. It lasts up to a year and is renewable for up to three years.

The process for getting a dating violence protective order is shown below in the “How To Get an Order” section of this article. If you’re ready to get started, the petition form is available online.

Stalking Protective Order

A stalking protective order is similar in function to FVPOs and DVPOs, but has a much narrower focus. Georgia defines stalking as when someone harasses or intimidates a victim through following, surveillance, or unwanted contact. While victims can apply for this protective order, a judge can also issue a permanent restraining order as part of a stalking sentence.

Protections offered in a stalking protective order are what you might expect them to be. Keeping the stalker away from the victim is the primary concern. This is accomplished by:

• Ordering the respondent (stalker) to refrain from further harassment, intimidation, and any actions considered stalking
• Ordering the respondent to stay a certain distance away from the petitioner (victim) at all times
• Ordering the respondent to have no contact with the petitioner or their family
• Ordering the respondent to get a psychological evaluation or attend treatment programs
• Ordering a party to pay legal fees (the petitioner may have to pay the respondent‘s legal costs if the order is not granted)

Stalking protective orders operate like FVPOs and DVPOs. An ex parte temporary order lasts up to 30 days or until the court date. The final protective order lasts up to one year and is renewable for up to three years. The court can also issue a permanent order. Victims can sign up for alerts telling them when their stalker is released from custody.

A stalking protective order protects against repeat offenders. Any violation of a stalking protective order with another act of stalking is aggravated stalking, a felony. Steps for getting a stalking protection order are below in the “How To Get an Order” section.

Workplace Restraining Order

Word is difficult enough with the threat of violence hanging over your head. Your employer can file for a workplace restraining order on your behalf in the state of Georgia. It applies if you’ve suffered any of the following at your workplace:

• Unlawful violence (assault, battery, or stalking)
• A credible threat of violence to make you believe you’re in danger of serious bodily injury or death

Even if you’re the victim, you can’t file for this restraining order. Only your employer can. They file for either a temporary restraining order (TRO) or an injunction. The filing includes an affidavit detailing the abuse. Both versions order the abuser to cease all unlawful violence and threats of violence.

A TRO lasts 15 days or until the court hearing, which should occur within 10 days of the filing. If granted, an injunction lasts up to three years. Filings are made at the superior court in the county where the abuser lives.

Bonds for Good Behavior

A bond for good behavior is sometimes utilized as a restraining order that goes both ways. A victim of a crime can petition for a bond for good behavior as a deterrent for bad or dangerous behavior. If issued, the respondent (abuser) must post a bond that’s forfeited if the specified offense is committed.

The petitioner (victim) also carries a degree of liability with a bond of good behavior. Either party faces contempt of court charges for violating the terms of the bond. Bonds last up to six months and are renewable for another six months. They are applied for in the criminal division of the magistrate court where the crime occurred.

Georgia Protective Orders Laws: How To Get an Order

The process for getting a family violence protective order, dating violence protective order, or stalking protective order is pretty much the same. Obtaining workplace restraining orders and bonds of good behavior are covered in their descriptions, so let’s focus on what’s involved with these three orders.

The first step is the paperwork. You’ll need to fill out a petition for the temporary order you’re seeking and file it in superior court. You may need to fill out additional forms for things like support. Forms are available at the court and online. This includes forms for each temporary order:

• Family violence temporary protective order
• Dating violence temporary protective order
• Stalking temporary protective order

Domestic violence advocates can help you with the filing. A Georgia domestic violence attorney skilled in domestic violence cases can also assist you in many ways.

The petition requires a description of the abuse suffered. As the petitioner (victim), you need to convince the court of the abuse suffered and the potential for more. Be as descriptive as possible. The court clerk can help you with the forms, but can’t give legal advice.

The clerk takes the petition to a judge, who may ask you further questions. If the court agrees that abuse occurred and/or the danger of abuse exists, a temporary order is issued. This can be done ex parte, which means the court doesn’t need to speak with your abuser before issuing the order.

The order is served to the respondent (abuser) by law enforcement. The petitioner NEVER serves the order in person. The temporary protective order often lasts until the final court hearing. If the respondent doesn’t oppose the order or doesn’t show up for the hearing, the court will likely make your order final. All orders are entered into the Georgia Protective Orders Registry.

At the court hearing, both parties tell their side of the story. They can present evidence and have witnesses testify. If the court agrees that a threat of abuse exists, a final protective order is issued. It goes into immediate effect. See the description of your particular order to confirm the duration, but they range between one to three years.

While the state does not specifically require removing firearms from respondents, certain individuals may be prohibited from receiving or possessing firearms under federal law.

Georgia Protective Orders Laws: Violations and Penalties

Protective orders wouldn’t work well if there weren’t strict punishments for violations. Victims need to alert law enforcement agencies to all violations, even threatened ones. Law enforcement officers receive special training for domestic violence issues. Repeat offenders face increased penalties, and even a single violation can invoke jail time.

Penalties for violations of protective orders are affected by the crime committed during the violation. Punishments include:

• Contempt
• Misdemeanor for non-violent violations
• Misdemeanor of a high and aggravated nature for abusive crimes

Violation penalties are in addition to sentences for the crimes committed during the act and can enhance punishments. Aggravated stalking or repeated violations may result in felony charges.

The court can assign mandatory participation in a family violence intervention program or an anger management program.

Georgia Protective Orders Law: Reference

There’s a lot to know about protective orders in Georgia. To help, we’ve provided a recap below, along with links to important statutes.

Georgia Protective Orders Code Sections

Code of Georgia

Title 16 – Crimes and Offenses

• O.C.G.A. Section 16-5-90 (stalking; psychological evaluation)
• O.C.G.A. Section 16-5-91 (aggravated stalking)
• O.C.G.A. Section 16-5-94 (restraining orders; protective orders)
• O.C.G.A. Section 16-5-95 (offense of violating family violence order; penalty)

Title 17 – Criminal Procedure

• O.C.G.A. Section 17-6-90 (issuance of notice to appear for show cause hearing; requirement of bond; hearing; payment of court costs by affiant; issuance of order of arrest)
• O.C.G.A. Section 17-10-4 (punishment for misdemeanors of a high and aggravated nature)

Title 19 – Domestic Relations

• O.C.G.A. Section 19-13-1 (family violence defined)
• O.C.G.A. Section 19-13-3 (petition seeking relief from family violence; temporary relief ex parte; hearing; dismissal of petition upon failure to hold hearing; procedural advice for victims; delays)
• O.C.G.A. Section 19-13-4 (protective orders and consent agreements; contents; delivery to sheriff; expiration; enforcement)
• O.C.G.A. Section 19-13-6 (penalties)
• O.C.G.A. Section 19-13-51 (protective order registry act – definitions)
• O.C.G.A. Section 19-13-52 (Purpose of registry; maintenance; access to information; linking to National Crime Information Center Network)
• O.C.G.A. Section 19-13A-1 (definitions)
• O.C.G.A. Section 19-13A-3 (temporary relief to protect from dating violence; hearing and evidentiary standard; non-attorney assistance; delays)
• O.C.G.A. Section 19-13A-4 (required findings of fact; authority of court)

Title 34 – Labor and Industrial Relations

• O.C.G.A. Section 34-1-7 (definitions; application for temporary restraining order and injunction; requirements; hearing; notice and service; notification of law enforcement agencies)

Protective Orders Available in Georgia

Family Violence Protective Order (FVPO)

• Protects: Victims of family violence/domestic violence
• Types: Ex parte temporary protective order; family violence protective order (FVPO)
• Filed in: The superior court where the respondent (abuser) lives (if the respondent lives outside Georgia, file in the plaintiff’s [victim’s] county or the county where the abuse happened)
• Lasts: Between 10 and 30 days or until full court hearing (ex parte temporary protective order); up to one year and renewable for up to three years or made permanent (family violence protective order)

Dating Violence Protective Order

• Protects: Victims of abuse in a dating relationship
• Types: Temporary ex parte protective order; dating violence protective order (DVPO)
• Filed in: The superior court where the respondent (abuser) lives (if the respondent lives outside Georgia, file in the plaintiff’s [victim’s] county or the county where the abuse happened)
• Lasts: Between 10 and 30 days or until full court hearing (temporary ex parte protective order); up to one year and renewable for up to three years or made permanent (dating violence protective order)

Stalking Protective Order

• Protects: Victims of stalking who do not have a close personal relationship with their abuser
• Types: Ex parte temporary order (TPO); final protective order (FPO)
• Filed in: The superior court where the respondent (abuser) lives (if the respondent lives outside Georgia, file in the plaintiff’s [victim’s] county or the county where the abuse happened)
• Lasts: Up to 30 days or until full court hearing (ex parte temporary order); up to one year and renewable for up to three years

Workplace Restraining Order

• Protects: Employees from unlawful violence or the threat of violence at their workplace
• Types: Temporary restraining order (TRO); injunction
• Filed in: The superior court where the respondent (abuser) lives (if the respondent lives outside Georgia, file in the county where the abuse happened)
• Lasts: Up to 15 days or until the full court hearing (temporary restraining order); up to three years (injunction)

Bonds of Good Behavior

• Protects: Victim of a crime and, on a lesser scale, the offender
• Types: Bond of good behavior – can vary by county
• Filed in: The criminal division of the magistrate court where the crime occurred
• Lasts: Up to six months and renewable for six months

(O.C.G.A. Section 19-13-1; O.C.G.A. Section 19-13A-1; O.C.G.A. Section 16-5-94; O.C.G.A. Section 34-1-7; O.C.G.A. Section 17-6-90)

Penalties for Violations of Georgia Protective Orders/Restraining Orders

Penalties for violations of protective orders depend on the crime committed during the violation. Punishments include:

• Contempt
• Misdemeanor for non-violent violations
• Misdemeanor of a high and aggravated nature for abusive crimes

Violation penalties are in addition to sentences for the crimes committed during the act and can enhance punishments.

Mandatory participation in a family violence intervention program or anger management program is possible.

For a bond for good behavior, both sides must obey the order. The abuser faces loss of bond and contempt charges for violation. The plaintiff faces contempt charges for violation.

(O.C.G.A. Section 17-10-4; O.C.G.A. Section 19-13-6; O.C.G.A. Section 16-5-95; O.C.G.A. Section 17-6-90)

Order Transmission to Law Enforcement

All protective and restraining orders issued in Georgia are entered into the Georgia Protective Order Registry, which is linked to the National Crime Information Center Network.

(O.C.G.A. Section 19-13-52)

Note: Georgia state laws can change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. Consult a Georgia family law attorney or conduct research to verify current Georgia state law(s).

Georgia Protective Orders Laws: Related Resources

• Orders of Protection and Restraining Orders – An Overview
• Domestic Violence Victim Resources
• National Domestic Violence Hotline (1.866.799.7233)
• Family Violence, Dating Violence, and Stalking Protective Orders Forms
• Find Your Superior Court

Issues With Protective Orders in Georgia? Speak to an Attorney

Nobody should live a life filled with abuse. After calling 911 on your abuser, consider getting the assistance of a Georgia family law attorney. They can help you chart the way to a better place and try to make your abuser pay their fees.

Violating a protective order can have serious penalties. If you’re facing charges, talking to a Georgia criminal defense attorney is an absolute necessity. An expert in criminal law can examine your case, explain your options, and represent you in court.