What types of stalking protective orders are there and how long do they last?
The judge can issue a temporary ex parte order to protect you if the judge believes that stalking has happened in the past and that it may likely happen again in the future.1 An ex parte order can be issued without prior notice to the stalker and without the stalker (respondent) being present in court. After the court issues an ex parte order, a hearing must be held within 30 days. At the hearing, you and the respondent will have a chance to prove your case, and the judge will decide whether or not to issue a final order.2
A final order will generally last for up to one year. However, you can later file a motion asking that it be extended for up to three years or permanently.3 For more information on how to extend the order, you can talk to a lawyer. Go to our GA Finding a Lawyer page for free and paid legal services.
Note: The judge can only issue “mutual” protective orders, meaning multiple orders that protect each party against the other, if:
- you and the abuser each file a petition requesting an order; and
- the second petition is filed at least three business days before the hearing date on the first petition.1
1 O.C.G.A. § 16-5-94(d)
2 O.C.G.A. §§ 16-5-94(e); 19-13-3(c)
3 O.C.G.A. §§ 16-5-94(e); 19-13-4(c)