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How do I get a restraining order in Georgia?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Georgia separates family violence and stalking into two distinct civil tracks.

1. Types of Protective Orders

  • Family Violence Protective Order (FVPO) — O.C.G.A. § 19-13-1 et seq. (Family Violence Act).
  • Stalking Protective Order — O.C.G.A. § 16-5-94 (non-family stalking).
  • Dating Violence Protective Order — O.C.G.A. § 19-13-3.1 (recently added; covers dating partners not living together).
  • Workplace — handled via TRO under O.C.G.A. § 9-11-65.
  • No statewide red-flag firearm restraining order.

    • 2. Eligibility

    FVPO requires "family violence" relationship (§ 19-13-1): past or present spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and children, other persons living or formerly living in the same household. Dating partners covered under § 19-13-3.1 since 2023.

    3. Filing

    File in Superior Court of the county where respondent resides. No filing or service fee for FVPO (§ 19-13-3(c)). Forms via the Georgia Commission on Family Violence website and local clerks.

    4. Emergency / Ex Parte (TPO)

    Issued same day on showing of "immediate and present danger of further family violence" (§ 19-13-3(b)). Lasts up to 30 days until full hearing.

    5. Final Hearing

    Held within 30 days of TPO; preponderance standard. Respondent served personally. Both parties present testimony, exhibits, witnesses; cross-examination allowed.

    6. Permanent Order Duration

    Initial order up to 1 year (§ 19-13-4(c)); may be converted to 3-year or lifetime order on motion brought before expiration.

    7. Enforcement

    Violation is misdemeanor of a high and aggravated nature under § 16-5-95 (up to 12 months jail and $5,000 fine); also constitutes aggravated stalking (felony) under § 16-5-91 if order is being violated. Officers shall arrest on probable cause (§ 17-4-20.1). Firearm prohibition under 18 U.S.C. § 922(g)(8).

    8. Modification / Dismissal

    Either party may move to modify or dismiss under § 19-13-4(c); court evaluates safety and changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent contests and you also have pending divorce or custody
    • Conversion to a 3-year or lifetime order is being sought
    • Weapons carry license or law-enforcement employment is implicated
    Related Statutes & Laws
    • O.C.G.A. § 19-13-1 et seq.
    • O.C.G.A. § 16-5-94
    • O.C.G.A. § 16-5-95
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.