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EspañolWho is eligible for a dating violence protective order?
You may be eligible for a dating violence protective order if:
- you are a victim of dating violence; and
- 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)
What are the steps for getting a dating violence protective order?
The steps to get a dating violence protective order are similar to the steps to get a family violence protective order, but you may fill out different forms. If you have any questions, you can call the clerk of court. You can find the contact information for your clerk on the GA Courthouse Locations page.
Where can I file for a dating violence protective order?
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)
What can I do if the abuser violates the order?
If the abuser violates the order, s/he can be arrested. You can call law enforcement and report that you have a dating 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 dating 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
Another way to enforce an order is to file a motion for contempt in the court that issued the order. For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page. For legal advice on your particular situation, you may find a lawyer on our GA Finding a Lawyer page.
1 O.C.G.A. § 16-5-95(b), (c)
2 O.C.G.A. § 16-5-91
