Protective Orders in Georgia
In the state of Georgia, you do not have to live in fear of abuse, or suffer continued harassment. Georgia Family Law allows for protective orders in cases of domestic violence, stalking, and harassment. Protective order allegations frequently surface during a contested divorce or custody case. A protective order can include temporary child support and custody terms, which later have to be addressed in a separate action.
If you or someone you know is being threatened and verbally or physically abused, we urge you to call the police. If the threatening behavior continues after the police have been called, go to the magistrate court in the county of residence and seek out a protective order. Of course, it is recommended that you hire an attorney to help guide you through the legal process of your case.
If the court finds your accusations sufficient you will be given an ex parte protective order, which will be served to the individual threatening or harming you. The initial order is ex parte, meaning evidence was presented by only one individual. The hearing that follows will allow the accused and the victim to be heard by the judge, and if successful, the movant will be granted twelve months of protection, which can include protection for the children.
Family Violence Protective Orders
There are two types of protective orders in Georgia: a Family Violence Protective Order and a Stalking Protective Order. Many times during the stress and emotions of a divorce, one or both parties will turn to the court for protection because of violence or intimidating behavior. The domestic family protective order is a very powerful tool for those who feel threatened by their significant other. Because of the serious nature of this accusation, the court is given great discretion in granting an initial ex parte order and extending this order for twelve months, and permanently if necessary.
This order of restraint will not only force one or both individuals to remain away from the other person and their family. The court can order support for the maintenance of the home, support for the children, and the person paying support may be forced to vacate the home. If a person has an order placed against them they will also be placed on a state registry showing that they have a restraining order placed against them.
Protect Your Family Against Domestic Violence by Filing a Protection Order
If a person is truly suffering from fear, intimidation, harassment, or tragically, actual abuse, the process is in place to protect that individual and should be used and applied aggressively. Often, while individuals are going through the divorce process or a custody battle for the children, one or both parties will use this process to gain a legal advantage in these arguments. If you are in a volatile situation I strongly suggest that you remove yourself from the environment, as you will inevitably find yourself explaining allegations to the police, which will quickly escalate to action for a restraining or protective order.
Stalking and Harassment Protective Orders
This usually occurs when a relationship goes sour and one individual cannot accept the fact that their attention is no longer desired. Georgia law allows for protective orders in cases of domestic violence and cases involving stalking or harassment. In either case, call the police, and if these threats or threatening behavior continue, go to the court in the county in which the threatening individual lives and seek out a protective order.
Most districts provide a non-legal advocate who will assist you with the process and procedure at initial intake. You will go before the judge and briefly explain your allegations, and if the court finds your accusations sufficient you will be given an ex parte protective order, which will be served on the accused. After service, the sheriff will remove the individual from the premises immediately and the order will be in effect. This service will be followed by a court date, usually within ten days. Don’t miss this date, or you will be in contempt of court.
The initial order is ex parte, meaning evidence was presented by only one individual; at the next hearing, evidence will be presented by both sides. If successful, the movant will be granted twelve months of protection, which could be made permanent if necessary.
In either case, if the individual under the restraining or protective order violates this order, they will be immediately arrested and face criminal charges that could escalate into a felony. Violating a protective order can also expose you to contempt on top of criminal charges.
Frequently Asked Questions about Protective Orders in Georgia
In the Superior Court of the county where the respondent lives, under O.C.G.A. 19-13-2(a). If the respondent lives outside Georgia, you may file in the Superior Court of the county where you live or where the family violence occurred. In Cobb County, petitions are filed with the Clerk of Superior Court in Marietta.
No. There is no cost to file a petition under Georgia’s Family Violence Act.
It is an emergency order a judge can issue based on the petition alone, before the other party has been heard. Under O.C.G.A. 19-13-3(b), the judge can grant it when the petition shows probable cause that family violence has occurred and may occur again. It takes effect once the respondent is personally served.
Under O.C.G.A. 19-13-3(c), a hearing is set within 10 days of filing when practical, and in no case later than 30 days after the petition is filed. At that hearing you must prove your allegations by a preponderance of the evidence.
A family violence protective order entered after a hearing can last up to 12 months. On a motion by the petitioner, with notice to the respondent and a hearing, the court has discretion to convert it into a permanent order.
A family violence protective order under O.C.G.A. 19-13-1 applies to people with a defined domestic relationship, including current and former spouses, parents of the same child, parents and children, stepparents and stepchildren, and people who live or formerly lived in the same household. A stalking protective order under O.C.G.A. 16-5-94 covers harassment and stalking by someone outside that relationship, such as a former dating partner or a neighbor.
Depending on the facts, an order can direct the respondent to stay away from you, your home, your workplace, and your children’s school, order the respondent out of a shared residence, award temporary custody and parenting time, order temporary support for the household, and prohibit all contact. A protective order issued in Georgia is enforceable statewide.
Violation is a criminal matter. Law enforcement can arrest the respondent immediately, and repeat or aggravated violations can escalate to felony charges. Keep a certified copy of the order with you and give one to your local police department.
It happens, and courts are alert to it. If you have been served with a petition you believe is being used for leverage in a custody or divorce dispute, the hearing is your opportunity to present evidence. Do not miss that date, and do not contact the petitioner in the meantime.
If you are in immediate danger, call 911. A protective order is a civil remedy and it works alongside law enforcement, not instead of it.
