Georgia Restraining Order Laws (2026): How to Get a Protective Order
Georgia Restraining Order Laws (2026): How to Get a Protective Order
In Georgia, the primary civil order protecting domestic violence victims is called a Family Violence Protective Order (FVPO). Any family or household member who has experienced family violence may petition the Superior Court in the respondent's county. A temporary protective order is issued the same day; a standing order after the hearing lasts up to 12 months and can be extended up to 3 years or made permanent.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Georgia
Georgia provides two main civil order tracks for victims of violence and harassment.
The Family Violence Protective Order (FVPO) under O.C.G.A. 19-13-1 through 19-13-6 is for victims of family violence committed by a family or household member. "Family violence" under Georgia law includes a broad set of conduct: battery, simple battery, assault, simple assault, stalking, criminal trespass, criminal damage to property, unlawful restraint, and felony criminal offenses committed by one family or household member against another.
The Stalking Protective Order under O.C.G.A. 16-5-94 is for victims of stalking by any person regardless of relationship. A person does not need to have any prior connection to the stalker to pursue this order. Georgia also recognizes an Employer Protective Order for workplace violence situations, which allows an employer to seek an order protecting employees from threats or violence at the workplace.
If your situation involves a family or household member, the FVPO is typically the appropriate track. If the person causing harm is not a family or household member, the stalking protective order provides a civil remedy.
Who can get a restraining order in Georgia?
To petition for a Family Violence Protective Order, you must have a qualifying family or household relationship with the respondent. Under O.C.G.A. 19-13-1, qualifying relationships include:
- Spouses or former spouses
- Parents and children (including stepparents and stepchildren)
- Foster parents and foster children
- Persons living in the same household or persons who formerly lived in the same household
"Family violence" in Georgia specifically does not require physical injury. It encompasses assault, stalking, criminal trespass, unlawful restraint, and criminal damage to property by a family or household member. The statute does not expressly list dating partners who never shared a household as a qualifying category under the FVPO, which means non-cohabiting dating partners without a child in common may need to use the stalking protective order track if their situation qualifies.
For the Stalking Protective Order under O.C.G.A. 16-5-94, any victim of stalking may petition regardless of the relationship. This order does not require a prior connection to the respondent.
How to file for a restraining order in Georgia
To file for an FVPO, you submit a petition to the Clerk of Superior Court in the county where the respondent resides (O.C.G.A. 19-13-2). You may also file in the county where you reside or where the family violence occurred in certain circumstances; check with the clerk's office in your county for current venue options.
Filing is free. Under the federal Violence Against Women Act, courts cannot charge a filing fee or service fee for a domestic violence protective order. Georgia courts comply with this requirement; the petitioner pays nothing to file or to have the respondent served.
After you submit the petition, a judge reviews it the same day. If the judge finds grounds for immediate relief, a Temporary Protective Order (TPO) is issued ex parte and law enforcement serves the respondent. A full hearing is then scheduled within the 30-day life of the TPO.
If you need assistance completing the forms, the Superior Court clerk's office can direct you to self-help resources. Georgia's domestic violence coalitions and certified family violence centers also provide free advocates who can help you navigate the process and accompany you to court. You can locate your county's resources through the Georgia Commission on Family Violence at gcfv.georgia.gov.
Temporary vs. final orders: how long they last
Georgia uses two primary stages: the Temporary Protective Order (TPO) and the standing (final) order issued after a hearing.
| Order type | Who is present | Duration |
|---|---|---|
| Temporary Protective Order (TPO) | Petitioner only (ex parte) | Up to 30 days, until the full hearing |
| Standing order (final FVPO) | Both parties notified | Up to 12 months by default; up to 3 years or permanent by court order |
The TPO is effective for up to 30 days. This is notably longer than the 10 to 15 day window used in many other states and gives more time to schedule the full hearing and ensure the respondent is properly served. The court can schedule the hearing before the 30 days expire.
After the hearing, the court issues a standing order. By default, this order lasts up to 12 months. If the circumstances warrant it, the court may extend the order to as long as 3 years, or issue a permanent order. The factors the court considers when deciding whether to extend beyond 12 months include the nature and severity of the family violence, the respondent's history, and the ongoing risk to the petitioner.
Firearms and a Georgia protective order
Georgia has no state statute that independently bars firearm possession based solely on a civil protective order. However, under O.C.G.A. 19-13-4, a court issuing a Family Violence Protective Order has broad discretion to include terms it deems necessary for the safety of the petitioner and minor children, and courts may and do include a firearm restriction as a condition of the FVPO when the circumstances warrant it. That restriction is enforced as a term of the court order, not as a standalone weapons statute.
In addition to any firearm restriction written into the FVPO, a qualifying final protective order automatically triggers the federal firearm ban under 18 U.S.C. 922(g)(8). A person subject to a qualifying final order issued after notice and a hearing may not possess any firearm or ammunition anywhere in the United States. This federal prohibition applies regardless of whether the state-court order itself mentions firearms.
If you have reason to believe the respondent has not complied with a firearm prohibition, contact law enforcement and inform the court at your next scheduled proceeding.
What happens if someone violates the order?
Violating a Family Violence Protective Order in Georgia is a misdemeanor under O.C.G.A. 16-5-95, punishable by up to 12 months in jail and a fine of up to $1,000. The same statute covers violations of stalking protective orders.
In addition to the misdemeanor charge, if the violation involves stalking conduct, the conduct may be charged as aggravated stalking under O.C.G.A. 16-5-91, which is a felony. Aggravated stalking carries a prison term of 1 to 10 years. Other criminal offenses committed during the violation, such as battery or criminal trespass, carry their own separate penalties.
Georgia law enforcement officers may make a warrantless arrest when they have probable cause to believe a protective order has been violated. If the respondent contacts you, comes to your home or workplace, or otherwise violates any term of the order, call 911 immediately. Document every violation, including dates, times, and any messages, photographs, or witnesses, and bring that information to your next court date or provide it to your advocate.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
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- Georgia AI Meeting Recording Laws
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- Georgia Car Seat Laws
- Georgia Child Custody Laws
- Georgia Child Support Laws
- Georgia Common Law Marriage Laws
- Georgia Data Privacy Laws
- Georgia Divorce Laws
- Georgia Dog Bite Laws
- Georgia Emancipation Laws
- Georgia Expungement Laws
- Georgia Hit and Run Laws
- Georgia Landlord-Tenant Laws
- Georgia Lemon Laws
Sources
- O.C.G.A. 19-13-1 through 19-13-4 (Family Violence Protective Order Act): https://law.georgia.gov/title-19-domestic-relations/chapter-13-family-violence
- O.C.G.A. 16-5-94 (Stalking Protective Order): Official Georgia Code, Title 16, Chapter 5, Section 94 (law.georgia.gov)
- O.C.G.A. 16-5-95 (Violation of protective order penalty): Official Georgia Code, Title 16, Chapter 5
- Georgia Commission on Family Violence: https://gcfv.georgia.gov
For general information on how all 50 states handle protective orders, see our guide: Restraining Order Laws by State.
For information on Georgia's recording consent laws and how documentation may be relevant to establishing a record of harassment, see our Georgia Recording Law page.