Protective Orders in Georgia: How to Get Protection from Domestic Violence

Protective Orders in Georgia: How to Get Protection from Domestic Violence

Domestic violence affects families of every background, every income level, and every community. If you or someone you love is experiencing abuse from a spouse, partner, or family member, Georgia law provides powerful legal protections that can help you achieve safety and begin to rebuild your life. Understanding how protective orders work, what they can include, and how to obtain one quickly is critical for anyone in a dangerous situation.

At J. Lee & Associates Law Group, our bilingual Atlanta family law attorneys have helped many survivors of domestic violence obtain protective orders and navigate the intersection of family violence cases with divorce, custody, and other family law matters. Your safety is our top priority, and we are here to guide you through every step of the process.

Georgia's Family Violence Act

Georgia's Family Violence Act, codified at O.C.G.A. § 19-13-1 through O.C.G.A. § 19-13-6, provides the legal framework for obtaining protective orders against family members and intimate partners who commit acts of violence. Under the Act, "family violence" is defined as the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:

• Battery or assault
• Stalking
• Criminal damage to property
• Unlawful restraint
• Criminal trespass
• Any felony committed against the person or property of another

The Act specifically covers relationships beyond just married couples, extending protections to dating partners, cohabitants, and family members living in the same household. This broad definition ensures that victims in many different types of domestic relationships can seek protection.

Types of Protective Orders in Georgia

Georgia provides two primary types of protective orders under the Family Violence Act:

Temporary Protective Order (TPO)

A Temporary Protective Order is an emergency order that can be obtained without the abuser being present in court. This is called an ex parte hearing, meaning the judge hears only from the petitioner (the person seeking protection). Under O.C.G.A. § 19-13-3(b), a TPO can be issued the same day you file your petition if the court finds sufficient evidence that family violence has occurred and that there is an immediate danger to the petitioner.

A TPO typically lasts for up to 30 days, during which time a full hearing is scheduled where both parties can present evidence and testimony. In the Atlanta metro area, TPO petitions are filed at the Superior Court of the county where you reside or where the violence occurred, including Fulton County Superior Court, DeKalb County Superior Court, Gwinnett County, or Cobb County.

12-Month Protective Order

After the full hearing, the court may issue a 12-month protective order under O.C.G.A. § 19-13-4. This hearing is adversarial, meaning both the petitioner and the respondent (the alleged abuser) have the opportunity to present evidence, call witnesses, and be represented by attorneys. If the court finds by a preponderance of the evidence that family violence has occurred, it can grant a protective order lasting up to 12 months, with the possibility of extension for up to three years in certain circumstances.

What a Protective Order Can Include

Georgia protective orders are comprehensive and can be tailored to address the specific circumstances of each case. Under O.C.G.A. § 19-13-4, a protective order may include provisions that:

• Order the abuser to stay away from the petitioner, the petitioner's residence, workplace, school, and other specified locations
• Prohibit all contact between the abuser and the petitioner, including in person, by phone, email, text message, social media, or through third parties
• Grant temporary custody of minor children to the petitioner
• Establish temporary child support for the petitioner and any minor children
• Order the abuser to vacate the shared residence, regardless of who owns or leases the property
• Prohibit the abuser from possessing firearms while the order is in effect
• Order the abuser to attend counseling or a family violence intervention program
• Award temporary use of a shared vehicle or other personal property
• Order any other relief the court deems necessary to protect the petitioner and any minor children

The breadth of these provisions means that a protective order can address not only the immediate physical danger but also the practical concerns of housing, finances, and child custody that often prevent victims from leaving an abusive situation.

How to Obtain a Protective Order in Georgia

The process of obtaining a protective order in Georgia involves several steps:

Step 1: File the Petition

You begin by filing a Petition for Temporary Protective Order at the Superior Court in your county. The petition requires you to describe the acts of family violence, your relationship with the abuser, and the relief you are seeking. Many courthouses in the Atlanta metro area have victim advocates or family violence units that can help you complete the paperwork.

Step 2: Ex Parte Hearing

A judge reviews your petition, typically on the same day it is filed. If the judge finds probable cause that family violence has occurred and that you are in immediate danger, the judge issues a Temporary Protective Order. You do not need an attorney to obtain a TPO, but having one significantly strengthens your case.

Step 3: Service on the Respondent

The TPO must be served on the abuser by law enforcement. Once served, the abuser is legally bound by the terms of the order. Violation of any term is a criminal offense.

Step 4: The Full Hearing

Within 30 days of the TPO being issued, the court holds a full hearing where both parties can present their case. This is the critical stage where having an experienced family law attorney is particularly important. The court hears testimony, reviews evidence, and decides whether to issue a 12-month protective order.

Step 5: Enforcement

Once a protective order is issued, it is entered into the Georgia Protective Order Registry and the National Crime Information Center (NCIC) database. Law enforcement agencies across Georgia and nationwide can verify and enforce the order.

Penalties for Violating a Protective Order

Violating a protective order in Georgia is a serious criminal offense. Under O.C.G.A. § 19-13-6, a first violation of a protective order is a misdemeanor punishable by up to 12 months in jail and a fine of up to $1,000. Subsequent violations can result in enhanced penalties.

Additionally, if the abuser commits a new act of family violence while a protective order is in effect, they can be charged with aggravated stalking under O.C.G.A. § 16-5-91, which is a felony carrying a sentence of one to ten years in prison.

If the abuser violates the protective order, you should call 911 immediately. Law enforcement has the authority and obligation to arrest the violator on the spot.

How Protective Orders Affect Custody and Divorce

A protective order can have significant implications for ongoing or future divorce and custody proceedings. Under O.C.G.A. § 19-9-3(a)(3), evidence of family violence is one of the factors courts must consider when determining child custody under the best interest of the child standard.

If the court finds that a parent has committed family violence, there is a rebuttable presumption against awarding sole or joint custody to the abusive parent. This means the abusive parent bears the burden of proving that custody with them would be in the child's best interest despite the history of violence.

A protective order can also affect property division and alimony in a divorce proceeding, as the court considers the circumstances of the marriage when making equitable division determinations.

Protection for All Victims Regardless of Immigration Status

If you are an immigrant and are experiencing domestic violence, it is critical to know that you have the right to seek a protective order in Georgia regardless of your immigration status. Georgia courts do not ask about immigration status when processing protective order petitions, and your information is not shared with immigration authorities.

Additionally, victims of domestic violence may be eligible for immigration relief under the Violence Against Women Act (VAWA), which allows certain abused spouses, children, and parents to self-petition for immigration status independently of their abuser. You may also qualify for a U-visa if you are a victim of a qualifying crime and cooperate with law enforcement.

At J. Lee & Associates, we understand the unique challenges facing immigrant survivors of domestic violence, and our team can help you navigate both the family law and immigration aspects of your situation.

Take the First Step Toward Safety with J. Lee & Associates

Leaving an abusive situation takes tremendous courage, and you do not have to do it alone. At J. Lee & Associates Law Group, our bilingual family law team is dedicated to helping survivors of domestic violence obtain the legal protections they need to be safe. We serve clients throughout the greater Atlanta area, including Fulton County, DeKalb County, Gwinnett County, Cobb County, and Clayton County.

If you are in immediate danger, call 911. For the Georgia statewide domestic violence hotline, call 1-800-334-2836.

Contact J. Lee & Associates Law Group for a confidential consultation. Our experienced attorneys will help you understand your options, file for a protective order, and develop a comprehensive safety plan for you and your children.

Related Practice Areas: Family Law | Family Attorney | Immigration

Free Consultation — Call Now

At J. Lee & Associates Law Group, we offer free consultations to evaluate your case. Our bilingual team is ready to help you understand your legal options and fight for the compensation you deserve.

• Phone: (770) 609-9396
• Address: 1250 Tech Dr, Suite 240, Norcross, GA 30093
• Website: https://www.jlalawgroup.com

Se habla español. You pay nothing unless we win your case. Call today for a free and confidential consultation.