Know the Laws: Georgia
UPDATED August 14, 2008
Stalking Protection Orders can help protect you if someone other than a family or household member is hurting you.
back to topWhat is a Stalking Protection Order and how can it help me?
If someone other than a family or household member is hurting you, there are different laws designed to protect you. If anyone has stalked you, you may be eligible for a stalking protection order.
In Georgia, someone commits stalking if s/he:
- Follows you;
- Places you under surveillance; or
- Contacts you at a location without your consent for the purpose of harassing or intimidating you. (Contacting includes in person, by phone, mail, broadcast, computer, any electronic device.)*1
Stalking protection orders can generally last up to 12 months, but they may be extended or made permanent in certain circumstances.*3
The process for getting a stalking protection order is very similar to the process of getting a family violence protection order. To get the forms you'll need to file for a stalking protection order, go to Download Court Forms or contact the clerk of court at your local courthouse. If you are under 18 years old, you have to find someone who is 18 or older to file for you. Also, you can file for an order against someone who is a minor.
If the stalker is arrested, victims of stalking are entitled to be notified when the person arrested and charged with stalking is released from custody. Victims are also entitled to be notified as to any hearing on the issue of bail. This notice is only required if the victim provides a landline telephone number at which they can be contacted.*4
The Georgia Legal Services Program publishes a guide to getting a stalking protection order at www.lawhelp.org/documents/2243012004stalking.pdf?stateabbrev=/GA/
*1 O.C.G.A. § 16-5-90
*2 Benton v. State, 256 Ga.App. 620 (2002)
*3 O.C.G.A. §§ 16-5-94(e); 19-13-4
*4 O.C.G.A. § 16-5-93