Restraining Orders

When you file for a protective order, if the judge believes that stalking has happened in the past and that it may likely happen again in the future, the judge can issue a temporary ex parte order to protect you.  An ex parte order can be issued by the court without the presence of the stalker (respondent).  After the court issues an ex parte order, a hearing must be held within 30 days, at which point 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 (legal papers) asking that it be extended for up to three years or permanently.³  For more information on how to extend the order, we suggest that you talk to a lawyer.  Go to our GA Finding a Lawyer page for free and paid legal services.

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)