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Legal Information: Georgia

Restraining Orders

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October 31, 2023

In which county would I file for a stalking protective order?

You would file for a stalking protective order in the superior court in the county where the stalker lives if s/he lives in Georgia. If the stalker lives outside of Georgia, you would file in the superior court in the county where you live or where the stalking occurred.1 Note: If the stalking is based on the respondent contacting you through phone, email, computer, etc., the county where you receive this contact is considered to be the place where it occurred as opposed to the county where the respondent initiates this contact.2

1 O.C.G.A §§ 16-5-94(b); 19-13-2
2 O.C.G.A § 16-5-90(a)(1)

What are the steps for getting a stalking protective order?

To get a stalking protective order, you will need to fill out and file the proper forms with the clerk’s office at the appropriate superior courthouse.  For the basic steps to filing an order, you can see our Steps for getting a family violence protective orders section.  Also, the Georgia Superior Court Clerks’ Cooperative Authority allows you to fill out the stalking protective order forms online here.

How does the order get delivered to the respondent?

The sheriff’s department generally delivers the protective order to the respondent/stalker.  You should check with the clerk’s office to see if you have to bring the papers to the sheriff or if the court will deliver them to the sheriff.  You can find contact information for sheriff offices on our GA Sheriff Departments page.

What happens if the respondent violates the order?

If the respondent/stalker violates the protective order in any way, you can call the police to report it. Violation of a stalking protective order may result in his/her arrest and a criminal charge of aggravated stalking, which is a felony and can result in imprisonment of between one and ten years and fine up to $10,000.1

1 O.C.G.A. § 16-5-91