Resource for a Recourse: Online Resource Center for Survivors of Abuse

GEORGIA : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

If a family or household member hurts you or tries to hurt you (with or without using a weapon) or gives you reason to believe that they are going to hurt you in the near future, that person has committed an act of family violence.

"Family violence" includes:

Rape
Hitting, kicking, pushing, slapping
Stalking
Criminal damage to property
Restraint against your will
Criminal trespass
Unwanted touching, forcing you to take part in sexual acts against your will
Threats of violence
Other felonies

Note: Family violence does not include "reasonable discipline" by a parent to a child in corporal punishment, restraint or detention.

You are eligible to file for a Family Violence Protection Order if you or your 18 or under child, have experienced acts of family violence from:

Your husband or wife
Your ex-husband or ex-wife
Your parent, stepparent, or foster parent
Your child, stepchild, or foster child
Any person who lives in your household as if they were part of the family (for instance: your live-in boyfriend, the boyfriend or girlfriend of another family member, your roommate). The law protects you against these people even if they are no longer living with you.
The mother or father of your baby, even if they have never lived with you or been married to you

Note: If you are under 18 years old, you have to find someone who is 18 or older to file for you. Also, you can file for an order against someone who is a minor. Additionally, same-sex couples may file if they lived together.

Types of protective orders:

Temporary Ex Parte Order

This is designed to protect you until the court hearing you must have for a Family Violence Protection Order. You can receive a temporary order without a court hearing, and without your abuser's knowledge.

A judge will grant the temporary order only if she or he believes that you are in immediate danger. Temporary orders last up to 30 days or until your court hearing if it is being heard in another county in the same circuit. They can be extended beyond 30 days after agreement by both parties. This is called a consent order.

TFamily Violence Protection Order

This can be issued after a court hearing in which you and the abuser both have a chance to tell your sides of the story. Family Violence Protection Orders last up to one year, but can be extended for up to three years, or permanently

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Benefits:

A Family Violence Protection Order can:

Order an abuser to leave you alone
Give you control of the house and compel the abuser to leave
Make the abuser provide decent alternate housing for a spouse, former spouse, or parent and children
Give you temporary custody of your children and award you temporary support payments from the abuser and set temporary visitation rights
Order help getting personal property of the victim
Order the abuser to attend counseling
Lead to your abuser's arrest if he breaks the order

Whether a judge orders any or all of the above depends on the facts of your case.

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Costs:

There is no cost for filing for a Family Violence Protection Order.

Although you do not need legal counsel to file for a Family Violence Protection Order, it may be to your advantage to seek representation, especially if your abuser has obtained a lawyer, and/or when child custody issues are at stake

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Violations:

Call the police immediately to report the violation. Let them know that you have a Family Violence Protection order and that your abuser is violating it. If the police refuse to make an arrest, ask for the officer's name and to speak to his superior. Violation of Family Violence Protection Orders can be a felony offense.

If the abuser violates the order by not paying child support payments, don't call the police. You must file an action for contempt or garnishment with the court.

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