This section defines domestic violence for the purposes of getting a family violence protective order. “Family violence” includes the occurrence of one or more of the following acts when committed by a family/household member:

• simple assault;
• assault;
• simple battery;
• battery
• stalking;
• criminal damage to property in the 1^st degree or 2^nd degree;
• unlawful restraint;
• criminal trespass; or
• any felony.¹

Family violence does not include “reasonable discipline” by a parent to a child in corporal punishment, restraint or detention.¹

¹ O.C.G.A. § 19-13-1

An ex parte family violence protective order can:

• order that the abuser not do or attempt to do any of the following: injure, mistreat, bother, follow, harass, harm, or abuse you or your family or household members;
• order the abuser not to interfere with your travel, transportation, or communication;
• order the abuser not to follow, place under surveillance, or contact you for the purpose of harassing and intimidating you;
• give you possession of the house and force the abuser to leave – you can ask the court to have the sheriff send someone home with you to enforce this part of the order;
• make the abuser provide decent alternate housing for a spouse, former spouse, parent, or child that you share with the abuser;
• order the abuser to stay a certain number of yards away from you and/or your children, your residence, workplace, children’s school, etc. and to have no contact with you, directly or indirectly;
• award either party temporary child support and spousal support;
• give you temporary custody of your children and set temporary visitation rights;
• order the abuser not to get rid of pets or property of yours or that you share with the respondent;
• decide possession of the personal property of the parties and order the abuser to return certain property to you;
• order the abuser not to:
  • disconnect or have disconnected home utilities; 
  • change, have changed, cancel, or have canceled auto, health or life insurance for you, your children or for the respondent; and
  • interfere with your mail or your children’s mail;
• order law enforcement to help you get your personal property if you are not given possession of the home; and
• give you possession of a car.¹

A final family violence protective order can:

• order all of the protections listed above; 
• order the abuser to go to counseling to try to prevent future family violence or go to drug or alcohol counseling; and
• award costs and attorney’s fees to either party.²

Whether a judge orders any or all of the above depends on your need for protection and the facts of your case.

¹ O.C.G.A. § 19-13-4(a); Georgia Courts website, petition for family violence ex parte protective order
² O.C.G.A. § 19-13-4(a); Georgia Courts website, petition for family violence twelve month protective order

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

You may be eligible to file for a family violence protective order if you and/or your minor child have experienced an act of family violence by:

• your spouse or ex-spouse;
• your parent, step-parent, or foster parent;
• your child, step-child, or foster child;
• any person who lives or has lived in the same household with you; or
• someone with whom you have a child in common.¹

Note: A minor cannot file his/her own petition. If you are under 18 years old, you may have to get a parent/guardian to file on your behalf.²

If someone other than a family or household member is hurting you, you may be eligible for a stalking protective order.

¹ O.C.G.A. § 19-13-1
² See O.C.G.A. § 19-13-3(a)

There is no cost to file for a family violence protective order.¹

While you do not need a lawyer to file for a family violence protective order, it may be better to have one, especially if the abuser has a lawyer.  Even if the abuser does not have a lawyer, it is recommended that you contact a lawyer who is knowledgeable about protective orders to make sure that your legal rights are protected.

In addition, the domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms.  While the court staff can give you the necessary forms for filing a petition, they are not required to help you complete the forms, present your case to the judge, or give legal advice.¹ To find help, please go to GA Places that Help. You will find contact information for courthouses on the GA Courthouse Locations page.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

¹ O.C.G.A. § 19-13-3(d)

If you are in immediate danger, you can ask for an ex parte temporary family violence protective order when you file your petition.  According to the Georgia Courts self-help manual, each court operates a little differently.  In some cases, you have to tell the bailiff or the judge that you have a family violence petition and want to have an ex parte hearing.  In some courts, the judge may meet with you in his/her chambers - the equivalent of a judge’s office (the abuser will not be present).  You will be sworn in and the judge may ask you questions about your case and may ask you what protections you are seeking.  Domestic violence organizations often help people get through the ex parte process. 

Whether the judge grants you a temporary ex parte order or not, you will likely be given a court date for a hearing within 30 days to determine if a final family violence protective order will be issued. The hearing will be in front of a judge. Both you and the abuser will have a chance to be present at this hearing and give evidence and testimony.

You must go to the hearing. If you do not go to the hearing, your temporary family violence protective order will expire and you will have to start the process over. If the abuser does not show up for the hearing, the judge may still grant you a family violence protective order, or the judge may order a new hearing date.

It’s generally best to have a lawyer represent you at a hearing, especially if the abuser will have a lawyer. For legal referrals, go to our GA Finding a Lawyer page. If you will be representing yourself in court, you can see the At the Hearing page for ways you can show the judge that you were abused.

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

• first, read the questions on this page to see if judges in Georgia have to power to remove guns as part of a temporary or final order;
• second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
• third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website. 

If the abuser violates the order, s/he can be arrested. You can call law enforcement and report that you have a family violence protective order and that the abuser has violated the order.

For a non-violent violation of certain terms of a family violence protective order, the abuser can be convicted of a misdemeanor crime of violating a family violence order.¹ It can also be possible to be convicted of the felony offense of aggravated stalking if the abuser follows you, places you under surveillance, or contacts you without your consent for the purpose of harassing and intimidating you.²

If the abuser violates the order by not paying support for yourself or your minor children, generally this is not handled by the police/criminal justice system. Instead, you can file an action for contempt or garnishment with the court. An action for contempt is a legal procedure to get the court to make the abuser obey the order and/or to punish him/her. An action for garnishment asks the court to take money for support directly out of his/her paycheck. For legal advice on your particular situation, you may find a lawyer on our GA Finding a Lawyer page.

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ O.C.G.A. § 16-5-95(b), (c)
² O.C.G.A. § 16-5-91

If you would like to extend your protective order, you must file a motion with the court and your petition will be served upon the abuser. The court will hold a hearing where you and the abuser both have the right to be present. The judge has the option of extending the order for up to three years or making the order permanent.¹

¹ O.C.G.A § 19-13-4(c)

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

There are two types of dating violence protective orders: temporary ex parte dating protective orders, and dating protective orders that last one year, three years, or permanently.

If the judge believes that you provided specific facts in your petition that give him/her good reason to believe that an act of dating violence has occurred or is likely to occur, the judge can grant you a temporary ex parte dating protective order. The ex parte dating violence protective order will remain in effect until the judge dismisses the order or a hearing for a twelve- month dating violence protective order takes place.¹

The court will schedule a hearing for a dating violence protective order within ten days of when you file your petition. If the hearing cannot be scheduled within ten days, it must be scheduled as soon as possible and no more than 30 days after you file your petition. The order can be issued only after the abuser has an opportunity to attend a court hearing in which you both have a chance to present evidence, witnesses, testimony, etc. Dating violence protective orders last up to one year, but you can file a motion to ask the judge to turn your temporary order into an order that lasts for up to three years or a permanent order, with no expiration date.²

¹ Ga. Code § 19-13A-3(a)
² Ga. Code §§ 19-13A-3(b); 19-13A-4(d)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

You may be eligible for a dating violence protective order if:

1. you are a victim of dating violence; and
2. one of the following is true:

• either of you are currently pregnant with the other’s child; or
• you and the abuser have had a dating relationship within the last 12 months.¹

If the abuser denies that you were in a dating relationship with him/her, the judge may look at the following factors to decide if your relationship meets the standard of a “dating relationship” according to the legal definition:

• whether there is a committed romantic relationship between you and the abuser that is beyond friendship or ordinary business, social, or educational involvement;
• any evidence that supports that you were in a dating relationship;
• interpersonal bonding between you both;
• the length of the relationship;
• the type of interactions you have had with the abuser and how often you had those interactions; and
• whether you and the abuser presented yourselves as being in a relationship to others.²

If you do not fit into either of these categories, you can check our Family Violence Protective Orders to see if you qualify for that type of order instead.

¹ Ga. Code § 19-13A-1(2)
² Ga. Code § 19-13A-4(a)(1)

If the abuser lives in Georgia, you can file a petition for a dating violence protective order in the county where s/he lives.¹ If the abuser lives in a different state, you can file a petition for a dating protective order in the county where you live or the county where the incident(s) of dating violence took place. If the abuser does not live in Georgia, the judge must also decide if a Georgia court has personal jurisdiction over the abuser.² You can read more about personal jurisdiction in If the abuser lives in a different state, can I still get an order against him/her? 

¹ Ga. Code § 19-13A-2(a)
² Ga. Code § 19-13A-2(b)

Stalking is defined as when someone does any of the following without your permission for the purpose of “harassing or intimidating” you:

• follows you;
• places you under surveillance; or
• contacts you in person, by phone, email, computer or other electronic device, etc.¹

“Harassing or intimidating” you means that the stalker does repeated acts that cause you emotional distress by placing you in reasonable fear for your safety or the safety of a member of your immediate family and the acts serve no legitimate purpose. There does not have to be a specific threat of death or bodily injury.¹

¹ O.C.G.A. § 16-5-90(a)(1)

The judge can issue a temporary ex parte order to protect you if the judge believes that stalking has happened in the past and that it may likely happen again in the future.¹ An ex parte order can be issued without prior notice to the stalker and without the stalker (respondent) being present in court.  After the court issues an ex parte order, a hearing must be held within 30 days. At the hearing,  you and the respondent will have a chance to prove your case, and the judge will decide whether or not to issue a final order.² 

A final order will generally last for up to one year.  However, you can later file a motion asking that it be extended for up to three years or permanently.³ For more information on how to extend the order, you can talk to a lawyer.  Go to our GA Finding a Lawyer page for free and paid legal services.

Note: The judge can only issue “mutual” protective orders, meaning multiple orders that protect each party against the other, if:

1. you and the abuser each file a petition requesting an order; and
2. the second petition is filed at least three business days before the hearing date on the first petition.¹

¹ O.C.G.A. § 16-5-94(d)
² O.C.G.A. §§ 16-5-94(e); 19-13-3(c)
³ O.C.G.A. §§ 16-5-94(e); 19-13-4(c)

You cannot file on your own. If you are under 18 years of age, someone over 18 will have to file the petition on your behalf.¹

¹ O.C.G.A. § 16-5-94(a)

You would file for a stalking protective order in the superior court in the county where the stalker lives if s/he lives in Georgia. If the stalker lives outside of Georgia, you would file in the superior court in the county where you live or where the stalking occurred.¹ Note: If the stalking is based on the respondent contacting you through phone, email, computer, etc., the county where you receive this contact is considered to be the place where it occurred as opposed to the county where the respondent initiates this contact.²

¹ O.C.G.A §§ 16-5-94(b); 19-13-2
² O.C.G.A § 16-5-90(a)(1)

The sheriff’s department generally delivers the protective order to the respondent/stalker.  You should check with the clerk’s office to see if you have to bring the papers to the sheriff or if the court will deliver them to the sheriff.  You can find contact information for sheriff offices on our GA Sheriff Departments page.

You may be protected under this law if you are a victim of “unlawful violence” or a “credible threat of violence” at your workplace.¹ It is important to know, however, that you cannot file for this order on your own as you can with a family violence protective order – only your employer can file on your behalf. For the purposes of this law, “unlawful violence” is defined as:

• assault;
• battery; or
• stalking.²

A “credible threat of violence” means words or actions that make you believe you are facing the threat of death or serious bodily injury.³ According to the law, this can happen through words or actions like the following:

• following you to or from your workplace;
• entering your workplace;
• following you during work hours; and/or
• telephone calls, emails, or other correspondence with you.⁴

¹ Ga. Code § 34-1-7(b)
² Ga. Code § 34-1-7(a)(4)
³ Ga. Code § 34-1-7(a)(2)
⁴ Ga. Code § 34-1-7(a)(1)

It doesn’t matter whether you work for a large or small employer – you will still be protected. This law covers any person or entity that employs one or more employees, including the state and local governments.¹

¹ Ga. Code § 34-1-7(a)(3)

Your employer should file the petition in the superior court of the county where the respondent who committed the violence or threats lives.¹ If the respondent is not a resident of Georgia, however, the superior court in the county where your workplace is located is the correct place to file regardless of whether this is where the violence or threats happened. ²

¹ Ga. Code § 34-1-7(c)(1)
² Ga. Code § 34-1-7(c)(2)

In order to qualify for a temporary restraining order, your employer must include an affidavit that shows these three things:

1. you suffered unlawful violence or a credible threat of violence by the respondent;
2. great harm will come to you if the injunction is not granted; and
3. your employer has conducted a reasonable investigation into the underlying facts that are alleged in the petition.¹

¹ Ga. Code § 34-1-7(d)

Within the three months before an injunction is set to expire, your employer may apply to renew it by filing a new petition for an injunction following the same rules as the initial petition.¹

¹ Ga. Code § 34-1-7(e)

A protective order is good anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a) & (b)

In some states, you may need a certified copy of your protection order.  If your copy is not a certified copy, you may request a copy from the clerk in the records department of the courthouse where your protective order was granted.  You may want to call the courthouse to see if there is any cost for a certified order.  See our GA Courthouse Locations page for courthouse contact information.

You may want to make sure the court has an address where you can receive mail in case the respondent files any sort of motion related to your order. However, if your new address is confidential, you may want to be give the address of a family member where you can receive mail or a P.O. box.

It may depend on the exact wording of the custody provision in your protective order (if there is a custody provision).  You may have to first get permission from the court before leaving.  If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children before you leave.  You can find contact information for local domestic violence organizations and legal assistance in the Georgia area on our GA Places that Help page.

Your protective order from another state can be enforced in Georgia as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case); and
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a), (b)

As long as the child custody provision complies with certain federal laws,¹ Georgia can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here GA Finding a Lawyer.

¹ The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping

To enforce an out-of-state order, law enforcement typically may rely on the National Crime Information Center Protection Order File (NCIC-POF). The NCIC-POF is a nationwide, electronic database that contains information about orders of protection that were issued in each state and territory in the U.S. The Protection Order File (POF) contains court orders that are issued to prevent acts of domestic violence, or to prevent someone from stalking, intimidating, or harassing another person. It contains orders issued by both civil and criminal state courts. The types of protection orders issued and the information contained in them vary from state to state.

There is no way for the general public to access the NCIC-POF. That means you cannot confirm a protection order is in the registry or add a protection order to the registry without the help of a government agency that has access to it.

Typically, the state police or criminal justice agency in the state has the responsibility of reporting protection orders to NCIC. However, in some cases, the courts have taken on that role and they manage the protection order reporting process.¹ NCIC–POF is used by law enforcement agencies when they need to verify and enforce an out-of-state protection order. It is managed by the FBI and state law enforcement officials.

However, not all states routinely enter protection orders into the NCIC. Instead, some states may enter the orders only in their own state protection order registry, which would not be accessible to law enforcement in other states. According to a 2016 report by the National Center for State Courts, more than 700,000 protection orders that were registered in state protection order databases were not registered in the federal NCIC Protection Order File.² This means that if a law enforcement officer is trying to enforce a protection order from another state that is missing from the NCIC, the victim would likely need to show the officer a hard copy of the order to get it immediately enforced. If you no longer have a copy of your original order, you may want to contact the court that issued the order to ask them how you can get another copy sent to you.

¹ See State Progress in Record Reporting for Firearm-Related Background Checks: Protection Order Submissions, prepared by the National Center for State Courts, April 2016

Neither federal law nor Georgia state law¹ requires that you register your protection order in order to get it enforced. However, if your order is not entered into the registry, it may be more difficult for a Georgia law enforcement official to determine whether your order is valid and so it could take longer to get your order enforced.

¹ O.C.G.A. § 19-13-53(e)

There is no fee for registering your protective order in Georgia.¹

¹ O.C.G.A. § 19-13-54(b)