How to Get a Restraining Order in Georgia

Restraining orders protect victims from harassment and violence.

Restraining orders are judicially-issued legal orders intended to protect victims of abuse from further violence and harassment. In Georgia, there are two types of restraining orders available: Family Violence Protection Orders and Stalking Protective Orders. The former protects victims of rape, actual or threatened physical abuse, stalking, property damage, involuntary restraint, trespass, sexual assault, and other felonies from further victimization by family or household members. Stalking Protective Orders protect victims from being followed, placed under surveillance, or subjected to unwanted contact that "harasses or intimidates" them. Harassment and intimidation include actions creating reasonable fear for safety and causing emotional distress.

Instructions

1. File the appropriate forms with the county clerk in the county where the defendant resides. File either a Twelve Month or a Permanent Family Violence Protective Order, or a Stalking Permanent Protective Order. You can also file a Petition for Temporary Protective Order, and, if children are involved, a Child Support Addendum. These forms are available online or in the office of the civil clerk of the Superior Court where you are filing. There are no fees to file.

   Following completion, the county clerk will notarize your petition and forward it to a judge, who will decide whether you are in immediate danger and should be granted a temporary restraining order to protect you until your full hearing. If the ruling is in your favor, you will be given a Temporary Protective Order, and also will be given a hearing notice informing you of the date (within 30 days) for your full hearing.

2. Bring a copy of the Temporary Protective Order (if applicable) and the notice of hearing to your local sheriff's department. Law enforcement will serve the papers on the defendant, notifying him of the allegations and hearing date. Verify that the documents have been properly served; if the defendant is not given proper notice of the hearing in a timely manner, the hearing may be rescheduled.

   Provide the sheriff's department with sufficient information to locate the defendant. Helpful information includes home, work, and school addresses, Social Security number, and a physical description.

3. Prepare to appear in court and present your case to a judge. Compile information and evidence supporting your petition and demonstrating that you are in danger and need protection. Helpful evidence can include police or medical reports, witness testimony, and photographs of damaged property.

   Practice your testimony with another person. You will need to be able to present your case clearly and descriptively before a judge. Legal aid can be helpful but is not required.

4. Attend the hearing and present your case to the judge. If you cannot attend, call the court beforehand and request that the hearing be rescheduled. If you do not appear, your petition will most likely be rejected, your temporary order will expire, and you will have to start the petition process over again. Also, your credibility may be damaged, making it more difficult for you to obtain a restraining order in the future.

   If the judge believes you need protection, the order will be granted. Final orders typically last for a year. You can also file a motion requesting an extension for up to three years, or, more drastically, request that it be made permanent.

References

• Women's Law: Family Violence Protective Order
• Women's Law: Stalking Protective Orders
• Georgia Courts: How Do I Obtain A Restraining Order?

Resources

• Georgia Courts: Domestic Violence/Protective Order Forms
• Legal-Aid GA: Georgia Legal Services Program, Inc.
• Georgia Superior Court Clerks' Cooperative Authority: Georgia Protective Order Registry