Know the Laws: Georgia
UPDATED May 17, 2016
If you are planning to move to Georgia or are going to be in Georgia for any reason, your protection or restraining order can be enforced.
Yes. Your protective order from another state can be enforced in Georgia as long as:
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a), (b)
No. Only the state that issued your protective order can change, extend, or cancel the order. You cannot have this done by a court in Georgia.
To have your order changed, extended, or canceled, you will have to file a motion or petition, notify the abuser, and attend a hearing in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the Restraining Order page for the state where your order was issued.
If your order does expire while you are living in Georgia, you may be able to get a new one issued in Georgia. but this may be difficult to do if no new incidents of abuse have occurred in Georgia. To find out more information on how to get a protective order in Georgia, visit our Family Violence Protection Orders page.
Yes. As long as the child custody provision complies with certain federal laws,* Georgia can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here GA Finding a Lawyer.
* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping