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Legal Information: Georgia

Restraining Orders

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November 12, 2018

What is the legal definition in Georgia of family violence?

This section defines domestic violence for the purposes of getting a family violence protective 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 the abuser.  See Am I eligible to get a family violence protective order? for relationships that could qualify you for a protective order.

"Family violence" includes the occurrence of one or more of the following acts when committed by a family/household member:

  • battery;
  • simple battery;
  • simple assault;
  • assault;
  • stalking;
  • criminal damage to property;
  • unlawful restraint;
  • criminal trespass; or
  • any felony.1

You can read the definitions of these crimes on our GA Statutes page.  Family violence does not include "reasonable discipline" by a parent to a child in corporal punishment, restraint or detention.1 

1 O.C.G.A. § 19-13-1