How to Get a Family Violence Protective Order in Georgia
A clear guide for survivors on Georgia’s Family Violence Protective Order process.
Family Violence Protective Orders in Georgia
What a Family Violence Protective Order Is
A Family Violence Protective Order in Georgia is a court order that is meant to help someone stay safer from harm or threats from certain family or household members. It is sometimes called a “restraining order” or “protective order.”
The order can set rules about contact, living arrangements, and other safety-related issues. It is not a criminal charge by itself, but if the order is violated, police may become involved and there can be criminal consequences.
Processes and forms can change. This page gives general information only and is not legal advice.
Who May Qualify in Georgia
Georgia’s Family Violence Protective Orders are generally for situations involving people who are, or have been, closely connected. This may include:
- Current or former spouses
- Parents and children
- Stepparents and stepchildren
- People who have a child together
- Individuals who live together in the same household or who previously lived together
- Some other close family relationships (such as siblings or in-laws in certain situations)
People who are dating but do not live together or share a child may or may not qualify under a Family Violence Protective Order, depending on the details. Other types of protective orders (such as stalking orders) may sometimes be available instead.
Whether a particular relationship qualifies can be complex. Local legal clinics, domestic violence agencies, or a lawyer in Georgia can explain options for a specific situation.
Where to File and Who Can Help
Family Violence Protective Orders in Georgia are usually filed in the local court that handles civil protective orders. This is often a Superior Court in the county where:
- The person seeking protection lives, or
- The person who is causing harm lives (there can be exceptions).
Many courts have standard forms to start the process. Court clerks can provide forms and basic information about how to file, but they cannot give legal advice or tell someone what to write.
Possible sources of help with paperwork and information include:
- Local domestic violence programs or shelters that offer court accompaniment or help with forms
- Legal aid organizations that assist with family law and safety-related orders
- Some law school clinics or community legal clinics
- Private lawyers who work in family law or protective orders
For a broader list of supports across the United States, including Georgia, you can explore resources linked at https://www.dv.support.
The General Process
1. Starting the Case
The process usually begins when the person seeking safety files a petition or application at the appropriate court. This written request explains, in simple language, what has happened and what kind of protection is being requested.
There is often an option to ask for immediate, short-term protection while waiting for a full hearing.
2. Temporary (Ex Parte) Orders
An “ex parte” order is a temporary order that a judge can sometimes grant the same day or very quickly, based only on what the person seeking protection tells the court. The other person is not present at this first step.
If the judge grants a temporary order, it might include short-term rules about contact, staying away from certain places, or temporary custody of children. This order only lasts for a limited time, until a full court hearing is held.
Not every request for a temporary order is granted. When it is granted, the protections do not usually start until the order is officially “served” on the other person.
3. Service of Process
“Service of process” means officially delivering the court papers to the person the order is against. In Georgia, this is typically done by law enforcement or another authorized person, not by the person seeking protection.
Service is important because:
- It tells the other person about the case and the upcoming hearing.
- It gives them a chance to attend the hearing and respond.
- It usually must happen before a long-term order can be granted.
4. Full Hearing for a Longer-Term Order
After service, the court schedules a full hearing. At this hearing:
- Both sides usually have a chance to speak, present documents, and bring witnesses.
- A judge listens to the information and decides whether to grant a longer-term Family Violence Protective Order and what terms it should include.
People can attend with a lawyer, and in some areas, advocates from domestic violence organizations may come to court for emotional and practical support.
If attending court in person feels unsafe, some courts may have options such as remote appearances or security measures. Court staff or an advocate may be able to explain what is available in that specific courthouse.
What a Family Violence Protective Order May Include
The judge has flexibility to include different kinds of protections, depending on the situation and the law. A Georgia Family Violence Protective Order may include, for example:
- No-contact provisions: Ordering the other person not to contact the protected person by phone, text, email, social media, or through third parties, except as allowed by the court.
- Stay-away rules: Requiring the person to stay away from the protected person’s home, work, school, or other important places.
- Move-out orders: In some cases, ordering the person who caused harm to move out of a shared home, even if their name is on the lease or deed.
- Temporary custody and parenting time: Setting short-term arrangements for where children will live and how, or if, visits will occur while the order is in effect.
- Child and spousal support: Sometimes including temporary financial support for children or a spouse or partner.
- Firearm restrictions: Depending on the order and circumstances, there may be restrictions on possessing or buying firearms while the order is in place.
- Other safety conditions: Such as ordering the return of personal property, pets, or important documents.
The exact protections available depend on Georgia law and the specific case. A judge decides what to include in the order.
How Long Orders Can Last and Renewal
Temporary (ex parte) orders in Georgia usually last only until the next scheduled court hearing, which is often within a short time frame.
If a longer-term Family Violence Protective Order is granted after a hearing, it can remain in effect for a defined period set by the court. In many cases, this can be up to several years. The specific length and conditions of the order are written in the court paperwork.
When an order is close to expiring, there may be options to ask the court to extend or renew it. This usually requires filing additional paperwork and sometimes attending another hearing.
Because time limits and renewal rules can change, it can be helpful to ask a local advocate or lawyer to explain the current practice in the specific Georgia county.
Getting Up-to-Date Help in Georgia
Protective order processes can be different from county to county, and rules can change over time. For the most current information and support in Georgia, consider:
- Contacting a local domestic violence or family violence program
- Reaching out to a Georgia legal aid organization
- Speaking with a private lawyer familiar with family law and protective orders
- Asking the local court clerk about where to find forms and general instructions
These services can explain the process in more detail, help with paperwork, and talk about safety planning around court dates and after an order is granted, without guaranteeing any outcomes.