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Georgia Protective Orders Laws

State protective order laws are relatively similar from one state to the next. In Georgia, protective orders, or "restraining orders," are used to protect individuals from certain types of violence -- generally either family violence or stalking. Protective orders are official court documents that are issued by judges and require a named individual to: 1.) stay a certain distance away from the person requesting the order; and 2.) stay away for a certain period of time.

In the case of family violence, protective orders are typically used to protect abused spouses from their abusers. Georgia defines “family violence” as one of the following acts of violence:

  • Any felony;
  • Battery;
  • Simple battery;
  • Assault;
  • Stalking;
  • Criminal damage to property;
  • Unlawful restraint; or
  • Criminal trespass.

That occurs 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.

Georgia protective order laws allow the order to be in effect for six months, but may be converted to a permanent order if necessary.

The following table lists the main provisions of Georgia protective order laws. See Domestic Violence: Orders of Protection to learn more.

Code Section

19-13-1, et seq.

Activity Addressed by Order

Enjoin contact; exclude from dwelling; regarding minor children: grant temporary custody, visitations, support and attorney's fees, counseling; provide suitable alternate housing for petitioner and minor children; provide for possession of personal property

Duration of Order

Maximum 6 months; temporary order may be converted to permanent order

Penalty for a Violation of Order

Misdemeanor

Who May Apply for Order

Person who isn't a minor on behalf of self or a minor

Can Fees Be Waived?

-

Order Transmission to Law Enforcement

Sheriff of the county where order was entered

Civil Liability for Violation of Order

Contempt

Note: State laws are constantly changing -- contact a Georgia domestic violence attorney or conduct your own legal research to verify the state law(s) you are researching.

More Information

For more information on restraining orders and domestic violence, in general, please feel free to check out FindLaw’s domestic violence section or click on any of the links listed below. Depending on the circumstances of your case, you may also want to consider retaining a criminal or domestic violence lawyer.

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