JLA Law Group

Protective Orders in Georgia: Safety for You and Your Family

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Protective orders in Georgia, formally known as Family Violence Protective Orders (FVPO), are governed by the Georgia Family Violence Act under O.C.G.A. §§ 19-13-1 through 19-13-23. These orders protect victims of domestic violence committed by a family member or intimate partner, including a spouse, former partner, parent of your children, or any person who shares the household.

Georgia provides two types of protective orders. The first is an emergency order (Ex Parte Protective Order), which a judge can issue the same day without the abuser being present under O.C.G.A. § 19-13-3. The second is a standing protective order, which can last up to three years or permanently, issued after a hearing under O.C.G.A. § 19-13-4. The orders may include removal from the home, stay-away provisions, no-contact provisions, and temporary custody of minor children.

Violating a protective order is a criminal offense in Georgia under O.C.G.A. § 16-5-95, carrying serious consequences for the abuser. The process begins at the Clerk's Office of the Superior Court in your county. Having legal representation significantly improves your chances of obtaining the fullest protections available.

Steps You Should Take

1

If You Are in Immediate Danger, Call 911

Your safety is the priority. Once you are safe, call (770) 609-9396 to speak with a bilingual attorney who will guide you through the process of obtaining a formal protective order.

2

Document All Incidents

Begin documenting every incident of violence or threats: dates, times, descriptions, and potential witnesses. Save photographs of injuries, screenshots of threatening messages, and copies of police reports.

3

Filing at the Gwinnett County Superior Court

Your attorney will accompany you to the Clerk's Office to file the emergency protective order petition with all necessary details.

4

Hearing for a Standing Protective Order

Within 30 days of the emergency order, a hearing will be held. We prepare you to testify, organize your evidence, and represent you to obtain the standing protective order.

Frequently Asked Questions

How long does it take to obtain an emergency protective order?
An emergency (ex parte) protective order can be obtained the same day you file, provided the court is in session under O.C.G.A. § 19-13-3. If the court determines there is immediate danger, the judge can sign the order that day.
What can be included in a protective order?
Under O.C.G.A. § 19-13-4, a protective order can require the abuser to: cease all contact, vacate the shared home, stay away from your workplace and school, surrender firearms, and pay temporary support. The court can also grant temporary custody of the children.
Do I need physical evidence to obtain a protective order?
Not always. Useful evidence includes photographs of injuries, medical records, threatening messages, witness statements, and police reports. However, even without documented physical evidence, your detailed sworn testimony may be sufficient for the emergency order.
Does a protective order affect custody of my children?
A protective order can include temporary custody provisions under O.C.G.A. § 19-13-4(a)(5). In subsequent permanent custody proceedings, the history of domestic violence is a factor the court must consider under O.C.G.A. § 19-9-3(a)(11).
What happens if the abuser violates the protective order?
Violating a family protective order is a serious offense under O.C.G.A. § 16-5-95. A first violation can result in up to twelve months in jail. Repeated violations may result in felony charges carrying one to five years in prison. If the order is violated, call 911 immediately.

Applicable Laws

O.C.G.A. §§ 19-13-1 through 19-13-23Georgia Family Violence Act: definitions, petition process, protective order content, and enforcement.
O.C.G.A. § 19-13-3Emergency (ex parte) protective order: may be issued the same day without the abuser's presence.
O.C.G.A. § 19-13-4Standing protective order: duration, permitted content, and required hearing.
O.C.G.A. § 16-5-95Violation of a family protective order: criminal offense with penalties up to 12 months.

Related Services

DivorcioDerecho FamiliarCustodia de MenoresDerecho FamiliarViolencia DomésticaDefensa Criminal

Other Family Law Services

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Divorce
C
Child Custody
C
Child Support
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Adoption
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Paternity
N
Name Changes

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