How to Get a Domestic Violence Restraining Order in Georgia

Domestic violence restraining orders, sometimes called domestic violence protective orders, are designed to help victims of abuse. If you’re being threatened, harassed, or physically abused by your current or former spouse, family member, or intimate partner, you can file a domestic violence restraining order in Georgia. It’s important to know how to get a domestic violence restraining order in Georgia.

Orders of protection can offer legal protection for you, such as keeping the accused abuser away from your home, workplace, or children. Knowing the process, eligibility requirements, and the court’s expectations can make a critical difference in receiving timely protection and preventing further abuse.

Hire a Restraining Order Lawyer

When you turn to The Fleming Firm for help with a protective order or domestic violence case in Georgia, you can trust years of legal experience on your side. We understand the intense emotions and unique legal challenges that can come with these cases and are committed to protecting our clients’ rights. We work with our clients to understand their needs and help them maintain their rights and safety, guiding them through every stage of the process.

Eligibility for a Domestic Violence Restraining Order in Georgia

Under O.C.G.A. § 19-13-1, you may qualify for a domestic violence restraining order if the alleged abuse is committed by a current or former spouse, parent, child, stepparent, stepchild, or person living or formerly living in the same household. Qualifying acts include physical harm, attempted harm, stalking, harassment, or criminal trespass.

These protections also extend to parents of the same child, regardless of marital status. Understanding eligibility is crucial before filing, as the court will require a clear relationship to the respondent and evidence that the alleged conduct meets Georgia’s legal definition of family violence.

Steps to File for a Temporary Protective Order (TPO)

A Temporary Protective Order (TPO) is a court order designed to provide immediate, short-term protection from an alleged abuser until a full hearing can be held. Start by filing a petition for a Temporary Protective Order with the Superior Court in the county where you live. For example, you should file in DeKalb County if you live in Decatur.

In your petition, you’ll describe the abuse and give details. If the judge finds grounds for issuing a TPO, it may be granted immediately, often without the accused present, which is known as an ex parte order. A TPO is usually effective until the final hearing, typically within 30 days. The faster you act and the more details you can include, the more likely you are to obtain legal protection without delay, pending your final hearing.

Of the 17,662 ex parte TPOs issued in Georgia in 2024, 41% were extended into longer-term orders. Four in five petitioners were female, and three in four respondents were male, underscoring the gender dynamics often present in these cases.

What Happens at the Final Protective Order Hearing

In the final hearing, both parties provide evidence, witness testimony, and any documentation of abuse. The court may issue a long-term order, which can last up to 12 months with the possibility of renewal, if the judge determines that there is credible evidence of family violence.

Protective measures can include no-contact provisions, removal from a shared residence, and restrictions on custody or visitation. The outcome of the hearing depends on the quality of the evidence and the persuasiveness of the testimony. The presence of legal representation at this stage can impact whether the protective order is granted and the scope of protections it includes.

FAQs

What Is the Georgia Protective Order Registry?

The Georgia Protective Order Registry is a confidential, statewide database of protective orders created and maintained by GBI and GCIC by O.C.G.A. § 19‑13‑52. The registry contains copies of all protective orders issued by Georgia courts and foreign jurisdictions, and is available to law enforcement, prosecutors, and judges anytime, anywhere for enforcement purposes, including transmission to the national NCIC system.

The registry provides enhanced safety for victims as officers and courts have access to updated information on existing protective orders.

Can a TPO Include Protections for My Children?

Yes, you can request protection for your children under a Temporary Protective Order in Georgia. The court can order temporary custody and restrictions regarding contact with the children, as well as other provisions to protect the children’s safety until the final hearing, ensuring their well-being and emotional security during this time.

What Evidence Do I Need to Get a TPO in Georgia?

In Georgia, when petitioning for a TPO, it’s essential to include comprehensive and concrete evidence of abuse, harassment, or threats. Examples include police reports, photographs of injuries, copies of threatening messages, or witness statements. Detailed and well-organized evidence strengthens your petition and helps the judge understand the need for a TPO.

What Happens if the Accused Violates a TPO in Georgia?

It is a criminal offense to violate a Temporary Protective Order in Georgia. Violating a TPO can result in arrest, fines, and possible jail time. If the accused violates the TPO, you should report each violation to law enforcement as soon as possible, so they can enforce the court order.

Contact a Georgia Domestic Violence Defense Lawyer

In Georgia, if you are applying for a Temporary Protective Order, it is important to always have an experienced attorney on your side during the legal process. The Fleming Firm fights for the rights of victims throughout Decatur and Georgia in domestic violence and any related cases where you have felt threatened or in danger. Our experienced legal team can be the essential resource you need.

We can work with you to file the necessary paperwork in a timely manner, present your evidence in the most convincing way possible, and fight for your rights throughout the process. At The Fleming Firm, our legal team is ready to help you in a fast and compassionate manner. We are ready to help you explore all of your legal options. Call us today for a no-obligation, private consultation.