Know the Laws: Georgia

UPDATED October 23, 2008

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A Family Violence Protection Order is a civil order that provides protection if a family or household member is hurting you or threatens to hurt you.

• Basic Info
  • What is the legal definition in Georgia of family violence?
  • What is a Family Violence Protection Order?
  • What types of Family Violence Protection Orders are available?
  • How can a Family Violence Protection Order help me?
  • In which county can I file for a family violence protection order?
• Can I get a Family Protection Order?
• What are the steps for obtaining a Family Protection Order?
• After the Hearing

Basic Info

back to topWhat is the legal definition in Georgia of family violence?

This section defines domestic violence for the purposes of getting a family violence protection order.

In general, if a family or household member hurts you or tries to hurt you (with or without using a weapon) or gives you reason to believe that s/he is going to hurt you in the near future, that person has committed an act of family violence.  In order to get a protective order, you must have a specific relationship with your abuser (see Am I eligible for a Family Violence Protection Order?)

Family violence is illegal, and there are laws to protect you.

"Family violence" includes the occurrence of one or more of the following acts:

• Rape (your spouse can be guilty of rape, even if you are married*)
• Hitting, kicking, pushing, slapping
• Stalking
• Criminal damage to property
• Restraint against your will
• Criminal trespass
• Unwanted touching, forcing you to take part in sexual acts against your will
• Threats of violence
• Other felonies.**

Family violence does not include "reasonable discipline" by a parent to a child in corporal punishment, restraint or detention.  However, certain instances of paddling or spanking CAN rise to the level of family violence, and your child may be able to pursue a protective order against his/her abuser.***

* Const. Art. 1, §§ 1, Pars. 1, 27, 2, Par. 2; Warren v. State, 255 Ga. 151 (1985)
** O.C.G.A. § 19-13-1
*** Buchheit v. Stinson, 260 Ga.App. 450 (2003), O.S.G.A. § 19-13-1

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back to topWhat is a Family Violence Protection Order?

A Family Violence Protection Order is a written order from a court that tells the abuser to stop the abuse or face serious legal consequences.  It offers civil legal protection from domestic violence to both male and female victims.

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back to topWhat types of Family Violence Protection Orders are available?

In GA there are two types of Family Violence Protection Orders:

• Temporary Ex Parte Orders and
• Family Violence Protection Orders.

A Temporary Ex Parte Order is designed to protect you from the abuser until the court holds a hearing.  A hearing is mandatory before you can receive a long-term Family Violence Protection Order.  You can receive a temporary order without a court hearing, and without your abuser’s knowledge. ("Ex parte" means without your abuser present).

In order to receive a temporary ex parte order, you must file a petition with the court.*1  After you file your petition, a judge may grant a temporary order only if s/he believes that you are in immediate danger.  In your petition, it is important to tell the judge, in detail, of the occurrence of family violence in the past so that the judge can take that into account when s/he makes a decision.*2  Temporary orders last up to 30 days, or until your court hearing if it is being heard in another county in the same circuit.  They can be extended beyond 30 days upon agreement by both parties.*3

A Family Violence Protection Order can be issued after a court hearing in which you and the abuser both have a chance to tell your sides of the story.  Family Violence Protection Orders last up to one year, but can be extended for up to three years (a "permanent" order).*4

*1 O.C.G.A. § 19-13-3(a)
*2 O.C.G.A. § 19-13-3(b)
*3 O.C.G.A. § 19-13-3(c)
*4 O.C.G.A § 19-13-4

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back to topHow can a Family Violence Protection Order help me?

A Family Violence Protection Order can:

• Tell the abuser to leave you alone;
• Give you possession of the house and force the abuser to leave (you can ask the court to have the sheriff send someone home with you to enforce this part of the order);
• Or if you are not given possession of the home, the judge can order assistance to help you get your personal property;
• Make the abuser provide decent alternate housing for a spouse, former spouse, or parent and children;
• Give you temporary custody of your children and set temporary visitation rights;
• Award you temporary child support and/or spousal support from the abuser;
• Order the abuser to go to counseling;
• Award costs and attorney's fees to either party;
• Lead to your abuser's arrest if he breaks the order.*

Once the court grants a Family Protective Order, it will be effective throughout the state of Georgia, and the abuser will have to follow the terms of the order.  If your abuser violates the terms or the order, you can contact the law enforcement agency in your area and he can be arrested.

Whether a judge orders any or all of the above depends on your need for protection, and the facts of your case.

* O.C.G.A. § 19-13-4

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back to topIn which county can I file for a family violence protection order?

You can file for a family violence protection order in the superior court in the county where the abuser lives if he lives in Georgia. If the abuser lives outside of Georgia, you can file in the superior court in the county where you live or where the abuse occurred.*

* O.C.G.A § 19-13-2

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