How to Get a Restraining Order in Georgia
In Georgia these are called Family Violence Protective Order; Stalking Protective Order; Dating Violence Protective Order. A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for Georgia
- Cost
- Superior courts may not charge fees for filing, issuing, registering or serving a protective order to protect a victim of domestic violence, stalking or sexual assault. O.C.G.A. § 15-6-77(e)(4); GCFV Benchbook § 2.3.4
- Emergency / temporary orders
- The court can grant an ex parte (temporary) order without the respondent present if your verified petition shows probable cause that family violence occurred and may occur again. You receive a copy right away. O.C.G.A. § 19-13-3(b); GCFV Benchbook § 2.4
- How long an order lasts
- A final family violence, stalking or dating violence protective order can last up to one year. It may be extended for up to three years or made permanent. O.C.G.A. §§ 19-13-4(c), 19-13A-4(d); GCFV Benchbook
- Where to ask
- File a verified petition in superior court, normally in the county where the respondent lives. If the respondent does not live in Georgia, you may file where you live or where the violence occurred. O.C.G.A. §§ 19-13-2, 19-13-3(d); GCFV Benchbook §§ 2.1.4, 2.3.3, 2.3.5
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Family violence protective orders, stalking protective orders, and dating violence protective orders, each with an ex parte (temporary) order and a final order after a hearing. Employers can also seek workplace protective orders. Official Code of Georgia is published through LexisNexis; statute content taken from the Georgia Commission on Family Violence Domestic Violence Benchbook (18th ed.), a state-agency publication. |
|---|---|
| Who can ask for an order | A family violence order requires that you and the respondent are or were spouses, are parents of the same child, are parent and child, stepparent and stepchild, or foster parent and foster child, or live or formerly lived in the same household. A dating relationship without living together does not qualify for a family violence order, but a dating violence or stalking protective order may be available. Official Code of Georgia is published through LexisNexis; statute content taken from the Georgia Commission on Family Violence Domestic Violence Benchbook (18th ed.), a state-agency publication. |
| Where to ask | File a verified petition in superior court, normally in the county where the respondent lives. If the respondent does not live in Georgia, you may file where you live or where the violence occurred. Shelter or social-services lay advocates may help you with forms at no cost; clerks may provide the forms. Official Code of Georgia is published through LexisNexis; statute content taken from the Georgia Commission on Family Violence Domestic Violence Benchbook (18th ed.), a state-agency publication. |
| Cost | Superior courts may not charge fees for filing, issuing, registering or serving a protective order to protect a victim of domestic violence, stalking or sexual assault. Official Code of Georgia is published through LexisNexis; statute content taken from the Georgia Commission on Family Violence Domestic Violence Benchbook (18th ed.), a state-agency publication. |
Emergency orders and the hearing
| Emergency / temporary orders | The court can grant an ex parte (temporary) order without the respondent present if your verified petition shows probable cause that family violence occurred and may occur again. You receive a copy right away. It stays in effect until the hearing. Official Code of Georgia is published through LexisNexis; statute content taken from the Georgia Commission on Family Violence Domestic Violence Benchbook (18th ed.), a state-agency publication. |
|---|---|
| Serving the order | No fee is charged for service. Final orders are issued to the sheriff, and sheriffs keep copies. Official Code of Georgia is published through LexisNexis; statute content taken from the Georgia Commission on Family Violence Domestic Violence Benchbook (18th ed.), a state-agency publication. Who serves the ex parte order not separately confirmed. |
| The court hearing | A hearing must be held within 10 to 30 days after the petition is filed, unless the parties agree otherwise or a party is avoiding service. If the hearing is not held in time, the petition can be dismissed. Official Code of Georgia is published through LexisNexis; statute content taken from the Georgia Commission on Family Violence Domestic Violence Benchbook (18th ed.), a state-agency publication. |
| How long an order lasts | A final family violence, stalking or dating violence protective order can last up to one year. It may be extended for up to three years or made permanent. Official Code of Georgia is published through LexisNexis; statute content taken from the Georgia Commission on Family Violence Domestic Violence Benchbook (18th ed.), a state-agency publication. |
What the order does
| What an order can require | The court can order relief to stop family violence, including stay-away, no-contact and distance limits, and can order child support, spousal support and attorney's fees. Official Code of Georgia is published through LexisNexis; statute content taken from the Georgia Commission on Family Violence Domestic Violence Benchbook (18th ed.), a state-agency publication. Full list of relief in § 19-13-4(a) not reproduced here. |
|---|---|
| Firearms | Georgia's Family Violence Act does not specifically address firearms, but courts often include gun provisions, and federal law prohibits most respondents under final orders from possessing or buying firearms or ammunition. Official Code of Georgia is published through LexisNexis; statute content taken from the Georgia Commission on Family Violence Domestic Violence Benchbook (18th ed.), a state-agency publication. |
| If the order is violated | Violating a family violence or dating violence order (such as stay-away, no-contact or distance terms) is a misdemeanor offense. Official Code of Georgia is published through LexisNexis; statute content taken from the Georgia Commission on Family Violence Domestic Violence Benchbook (18th ed.), a state-agency publication. |
Children and privacy
| Minors and children | An adult can file a family violence petition on behalf of a minor. Orders can protect the petitioner or a minor of the household. Official Code of Georgia is published through LexisNexis; statute content taken from the Georgia Commission on Family Violence Domestic Violence Benchbook (18th ed.), a state-agency publication. |
|---|
Forms and help in Georgia
- Official Georgia protective order forms
- Georgia Commission on Family Violence (state agency) — (404) 657-3412 (main office; not a crisis line)
- Free legal aid in Georgia
Georgia protective order FAQ
What kinds of protective orders are available in Georgia?
Family violence protective orders, stalking protective orders, and dating violence protective orders, each with an ex parte (temporary) order and a final order after a hearing. Employers can also seek workplace protective orders.
Who can get a restraining order in Georgia?
A family violence order requires that you and the respondent are or were spouses, are parents of the same child, are parent and child, stepparent and stepchild, or foster parent and foster child, or live or formerly lived in the same household. A dating relationship without living together does not qualify for a family violence order, but a dating violence or stalking protective order may be available.
Where do I file for a restraining order in Georgia?
File a verified petition in superior court, normally in the county where the respondent lives. If the respondent does not live in Georgia, you may file where you live or where the violence occurred. Shelter or social-services lay advocates may help you with forms at no cost; clerks may provide the forms.
Does it cost money to get a restraining order in Georgia?
Superior courts may not charge fees for filing, issuing, registering or serving a protective order to protect a victim of domestic violence, stalking or sexual assault.
How fast can I get an emergency protective order in Georgia?
The court can grant an ex parte (temporary) order without the respondent present if your verified petition shows probable cause that family violence occurred and may occur again. You receive a copy right away. It stays in effect until the hearing.
What happens at the restraining order hearing in Georgia?
A hearing must be held within 10 to 30 days after the petition is filed, unless the parties agree otherwise or a party is avoiding service. If the hearing is not held in time, the petition can be dismissed.
How long does a restraining order last in Georgia?
A final family violence, stalking or dating violence protective order can last up to one year. It may be extended for up to three years or made permanent.
What can a protective order do in Georgia?
The court can order relief to stop family violence, including stay-away, no-contact and distance limits, and can order child support, spousal support and attorney's fees.
Does a protective order affect firearms in Georgia?
Georgia's Family Violence Act does not specifically address firearms, but courts often include gun provisions, and federal law prohibits most respondents under final orders from possessing or buying firearms or ammunition.
How is a restraining order served in Georgia?
No fee is charged for service. Final orders are issued to the sheriff, and sheriffs keep copies.
What happens if someone violates a protective order in Georgia?
Violating a family violence or dating violence order (such as stay-away, no-contact or distance terms) is a misdemeanor offense.
Can a minor get a restraining order in Georgia?
An adult can file a family violence petition on behalf of a minor. Orders can protect the petitioner or a minor of the household.
Protective orders in other states
More Georgia law
- Georgia tenant rights & landlord-tenant law
- Georgia small claims court
- Georgia wills, probate & estates
- Georgia employment law
- Georgia debt & collections
- Georgia unemployment benefits
- Georgia divorce & family law
- Georgia expungement & criminal records
- Georgia traffic tickets & dui
- Georgia personal injury & wrongful death
- Georgia workers' compensation
- Georgia foreclosure & homeowner law
- Georgia consumer protection
- Georgia starting an llc & small business
- Georgia bankruptcy
- Georgia car insurance & vehicle laws
- Georgia property tax & homestead exemptions
- Georgia criminal law
- Georgia gun laws
- Find a lawyer or free legal help in Georgia
- All Georgia law guides
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.