• A quick overview of the legal system

Family Violence Protection Orders

• What is the legal definition in Georgia of family violence?
• What is a Family Violence Protection Order?
• What types of Family Violence Protection Orders are available? How long do they last?
• Am I eligible to get a Family Violence Protection Order?
• How can a Family Violence Protection Order help me?
• How much does it cost? Do I need a lawyer?
• What are the steps for obtaining a Family Violence Protection Order?
• What will I have to prove at the Family Violence Protection Order Hearing?
• What should I do before the hearing to prepare my case?
• What should I do on the day of the hearing?
• What is the order of events in the courtroom?
• What should I do when I leave the courthouse?
• What can I do if the abuser violates the order?
• How do I change or extend my protective order?
• Can I get my Family Violence Protection Order enforced in another state?

Stalking Protection Orders

• What can I do if I'm not eligible for a Family Violence Protection Order?

A quick overview of the legal system

The legal system is divided into two areas: civil law and criminal law. Superior courts and State courts usually administrate these two areas of the law in different court sessions.

Civil law covers disputes between two people. In a civil domestic violence action, you are asking the court to protect you from the person abusing you. You are not asking the court to punish that person for committing a crime. The protective orders discussed on this page are handled in civil court.

The criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. A criminal complaint involves charging your abuser with a crime. If criminal charges are filed, the case will be in the hands of the prosecutor.

You may want to pursue both civil and criminal action against your abuser.

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What is the legal definition in Georgia of family violence?

In general, 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. For the purposes of getting a protective order, you must have a specific relationship with your abuser (see Am I eligible for a Family Violence Protection Order?)

This type of behavior is illegal, and there are laws to protect you.

"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

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

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What is a Family Violence Protection Order?

A Family Violence Protection Order is a written statement from a court that tells the abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence to both women and men victims.

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What types of Family Violence Protection Orders are available?

In GA there are two types of Family Violence Protection Orders:

• Temporary Ex Parte Orders
• Family Violence Protection Orders

A Temporary Ex Parte Order 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. ("Ex parte" means without your abuser present).

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.(2) They can be extended beyond 30 days by agreement with both parties. This is called a consent order.

A Family Violence Protection Order 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.(3)

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Am I eligible to get a Family Violence Protection Order?

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 (4)

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.

If someone other than a family or household member is hurting you, there are different laws designed to protect you. You may be eligible for a protective order under the Stalking Law. See: What can I do if I'm not eligible for a Family Violence Protection Order?

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How can a Family Violence Protection Order help me?

A Family Violence Protection Order can:

• Tell the abuser to leave you alone
• Give you possession of the house and force the abuser to leave (ask the court to have the sheriff send someone home with you to enforce this part of the order)
• Make the abuser give 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 go to 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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How much does it cost? Do I need a lawyer?

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

No, you do not need a lawyer to file for a Family Violence Protection Order, but it may be better to have one.

If your abuser has a lawyer, you should try to get one too. Even if your abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

In addition, the domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. Court staff cannot give legal advice. You will find information on legal assistance and domestic violence organizations on the GA Links & Resources page. You will find contact information for courthouses on the GA Courthouse Locations & Info page.

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What are the steps for obtaining a Family Violence Protection Order?

Note: You will find more info about how to file at www.lawhelp.org/documents/clusters/ GA/115/ English/
GLSPFAMVIOL.shtml

Step 1: Obtain the Petition
You can file for a Family Violence Protection Order at the Superior Court in the county where your abuser lives. To find a courthouse contact information, go to Courthouse Locations & Info.

If your abuser does not live in Georgia, then you should go to the Superior Court where you reside, or where the abuse happened. If the abuser recently moved to another county, you may be able to file in the county where you live.

Go to the courthouse and speak with the civil clerk of court. Ask for a petition to file for a Family Violence Protection Order. The clerk will give you the forms that you need to file. If you need help filling out the form, ask the clerk for help. (You will also find links to online forms at our Download Court Forms page.)

Also, you can get help through one of the domestic violence organizations listed on our GA Links & Resources page.

Remember to bring some form of identification (a driver's license or a picture ID)

Step 2: Fill out the forms .
Here is a list of forms you will might need to fill out:

• Petition for Temporary Order/Family Violence Protection Order
• Temporary Family Violence Protection Order
• Family Violence Protection Order for the judge to sign

You can find these forms and information on filling them out at: www.lawhelp.org/documents/clusters/ GA/115/ English/
GLSPFAMVIOL.shtml

Step 3: Don't sign the forms until you're in front of a notary
Ask the court clerk if s/he can notarize papers.

Step 4: On the Petition, you will be the "Petitioner" and the abuser will be the "Respondent"
Carefully fill out the Petition. Be specific. Write briefly about the most recent incident of violence, using descriptive language (slapping, hitting, grabbing, threatening, when the police were called, etc.) that fits your situation. Include details and dates, if possible.

Step 5: There are no court or filing fees
In other words, you shouldn't be asked to pay anything. (8)

Step 6: Ask the bailiff for a Temporary Family Violence Protection Order
If you are in immediate danger, you can ask for a Temporary Family Violence Protection Order. Tell the bailiff or the judge that you have a Family Violence Petition and want to have an "ex-parte" hearing. In some courts, the judge may meet with you in his/her chambers - the equivalent of a judge's office. Give the judge your Petition. You will be sworn in. Tell the judge about your case. Tell the judge what you want (examples: custody of children, your abuser to leave the house). Domestic Violence Organizations often help people get through the ex-parte process. Your abuser does not have to be present for this first hearing.

Step 7: Service of Process
If the judge gives you a Temporary Family Violence Protection Order, bring it to the clerk's office to have it filed. Then take a copy of the filed Temporary Family Violence Protection Order to the sheriff's department (NOT the police department) so that they sheriff's office can serve the papers on your abuser. See Sheriff Dept. Locations & Info to find your nearest sheriff's department. Your abuser must be "served papers" and given notice of the next hearing. Generally, sheriffs departments will serve your abuser if they have correct and specific information about where your abuser can be found.

You will need to fill out information about your abuser's address, workplace and work hours, social security number, and a physical description. If your abuser does not get his paperwork before the hearing, the hearing will be rescheduled.

Step 8: The Hearing
Whether the judge grants you a temporary order or not, you will be given a court date for a "hearing" of your Petition within 30 days. This hearing will be in front of a judge. Your abuser will have a chance to be present at this hearing.

You must go to the hearing. If you do not go to the hearing, your Temporary Family Violence Protection Order will expire and you will have to start the process over. If the abuser does not show up for the hearing, the judge may still grant you a Family Violence Protection Order, or the judge may order a new hearing date.

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What will I have to prove at the Family Violence Protection Order Hearing?

As the petitioner asking for a Family Violence Protection Order, you must:

1. Prove that the respondent (your abuser) has committed acts of family violence (as defined by the law); and

2. Convince a judge that you need protection and the specific things you asked for in your petition.

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What should I do before the hearing to prepare my case?

Contact witnesses who saw the abuse or your injuries.
Anyone can be a witness - a friend, family member, children, emergency room nurse, doctor, stranger, law enforcement officer, etc. Some witnesses may not come to court unless they are given a subpoena. A subpoena is a document that orders someone to come and testify. Ask the Court clerk how to subpoena a witness.

Get evidence to help you prove your case. Evidence can include medical reports, pictures, torn or broken objects, 911 tapes, certified copies of the defendant's criminal record, or anything else to help you convince the judge you have suffered acts of domestic violence and need certain relief and protection. Even if you have no physical evidence or witnesses, the judge will listen to your story.

Practice telling your story. You may want to make an outline or notes of the history of violence by your abuser. You may take notes to court with you to look at if you forget something, but if you read from them, the judge may order that your abuser be allowed to see them. Tell your story in your own words, but leave out details that have nothing to do with the violence or threats of violence. Also, rather than saying, "he or she hit me," tell the judge how you were hit, where on your body you were hit, and how many times. Be specific.

You may want to mention:

• The last 2 incidents of violence,
• The worst 2 incidents of violence,
• Whether the respondent has a gun or other weapons, and
• Whether the respondent has threatened to physically hurt or kill you.

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What should I do on the day of the hearing?

• Be on time.
• Have your witnesses there and ready.
• If you have subpoenaed witnesses and they are not come, you should let the judge know.
• Dress neatly.
• Speak directly to the judge; he or she will understand if you feel nervous.
• Always address the judge as “Your Honor.”
• Be prepared to spend all day in court. (There may be hearings before yours.)
• If your abuser comes to court with a lawyer and you don't have one, ask the judge for a “continuance” so you can look for a lawyer.
• Once your case is called, enter the courtroom and find a seat. It is your right to take another seat if the abuser sits next to you, and to receive help from court staff in keeping the abuser away from you.
• Stand when the judge enters and sit when the judge or bailiff asks you to.
• Relax and remain calm.
• Take deep breaths if you feel yourself getting tense. Never lose your temper in the courtroom.
• Always tell the truth.
• If you don’t understand a question, just say so.
• If you don’t know the answer to a question, just say so. Never make up an answer.

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What is the order of events in the courtroom?

1. At the hearing, everyone who will testify will swear or affirm to tell the truth.
2. Since you are the petitioner, you will tell your side of the story first.
3. The judge and your abuser may ask you questions. If you are scared to answer any of them, tell the judge.
4. When you are done, your witnesses may speak. You may ask them questions, and then the judge and your abuser will have a turn to ask them questions.
5. The respondent will tell his or her side. It may be very different from yours. The judge will ask questions, and you may also.
6. The judge will make a decision after hearing both sides and considering the evidence.
7. If the judge decides in your favor, the judge will sign your Family Violence Protection Order. There will be boxes checked or things written in by the judge that the respondent (your abuser) has been ordered to do. The judge can make the Family Violence Protection Order be effective for as long as 12 months. (Before the time is over, you may apply to the court to have your Order extended. You will have to go to a short hearing to tell a judge why you need it extended.)
8. If the respondent is present, he will sign and take home a copy of the Family Violence Protection Order.
9. You will be given a copy of the Family Violence Protection Order. Review it carefully before you leave the courthouse. If you have ANY questions about it, be sure to ask the judge.

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What should I do when I leave the courthouse?

• Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.
• Make several copies of the protective order as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
• You may wish to consider changing your locks and your phone number.

One week after court, call your local law enforcement offices to make sure they have received copies of the Family Violence Protection Order from the clerk.

It is important to recognize the limitations of a Family Violence Protection Order. You must be vigilant in enforcing the order's provisions by reporting every violation to the police or the court.

Ongoing safety planning is important after receiving the order. Women can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Click on the following link for suggestions on Safety Planning. (You can access the safety planning information any time from the WomensLaw.org Home page.) Advocates at local resource centers can assist you in designing a safety plan and can provide other forms of support.

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What can I do if the abuser violates the order?

First call the Sheriff's Office or Police and report that you have a Family Violence Protection Order, and that the abuser is still bothering you. Tell the police what happened. If the police refuse to arrest him, take the officer's name and ask to speak to his superior.

Violation of a Family Violence Protection Order can be a felony offense under the stalking law.

Family Violence Protection Orders can also be made permanent. You should see your shelter or a lawyer if you need further help.

If your abuser violates the order by not paying support for yourself or your minor children, do not call the police. You can file an action for contempt or garnishment with the court. An action for contempt is a legal procedure to get the court to make him obey the order. An action for garnishment asks the court to take money for support directly out of his paycheck.

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How do I change or extend my protective order?

If you would like to extend your protective order beyond 12 months, you must file a motion with the court to show that the order has been violated or prove reasonable fear that your abuser will violate the order (usually, by making contact with you and threatening you).

Family Violence Protection Orders can also be made permanent or extended for up to three years. You should see your shelter or a lawyer if you need further help.

For any other changes, call the clerk of court to find out how you can include them on your order.

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If you move within GA, it is a good idea to talk with an advocate at a domestic violence organization in your new community. The advocate can help you with safety planning and help you decide whether or not to have your order registered there. Your order is enforceable anywhere in GA, whether or not you register it in your new area.

Additionally, the federal law provides what is called "Full Faith and Credit," which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands.  Different states have different rules for enforcing out-of-state protection orders.  You can find out about your state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area.

If you are moving out of state, you should call the battered women’s program in the state where you are going to find out how that state treats out-of-state orders. 

If you are moving to a new state, you may also call the National Center on Full Faith and Credit (1-800-903-0111) for information on enforcing your order there.

Note: Civil protective orders may not be enforceable on military bases, and military protective orders may not be enforceable off base. Please check with your local police department, court clerk, and/or domestic violence advocate for more details. Please see our Military Info page for more information.

If you are moving to Georgia and have a protection order from another state, you must file a certified copy of it with the clerk of Superior Court in Georgia.  The Clerk should give you a receipt.

Note: Civil protective orders may be enforceable on military bases, and military protective orders may be enforceable off base. Please check with your local police department, court clerk, and/or domestic violence advocate for more details. Please see our Military Info page for more information.

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What can I do if I'm not eligible for a Family Violence Protection Order?

If someone other than a family or household member is hurting you, there are different laws designed to protect you. If anyone has stalked you, you may be eligible for a Stalking Protection Order.

Under GA law, stalking is when someone follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. Someone can stalk you in person; over the computer; or by telephone, email, mail, or other ways of communication.(12)

Stalking Protection Orders can generally last up to 12 months, but they may be extended or made permanent in certain circumstances.

The process for getting a Stalking Protection Order is very similar to the process of getting a Family Violence Protection Order. To get the forms you'll need to file for a Stalking Protection Order, go to Download Court Forms or contact the clerk of court at your local courthouse.

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.

Victims of stalking are entitled to notice of release from custody of the person arrested and notice of bail hearings if they can give a land line phone number.

The Georgia Legal Services Program publishes a guide to getting a Stalking Protection Order at www.lawhelp.org/documents/2243012004stalking.pdf?
stateabbrev=/GA/

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Footnotes:

1. Official Code of GA 19-13-1 Family Violence Defined
2. Official Code of GA 19-13-3(d) Petition/Hearing
3. Official Code of GA 19-13-4 Protection Order and Consent Agreements
4. Official Code of GA 19-13-1 Family Violence Defined
5. Official Code of GA 19-13-4(d) Protection Order and Consent Agreements
6. Official Code of GA 19-13-3 Petition/Hearing
7. Official Code of GA 19-13-2 Jurisdiction
8. Official Code of GA 19-13-3 Petition and Hearing
9. Official Code of GA 16-5-95 Violation of a Family Violence Order
10. Official Code of GA 16-5-91 Aggravated Stalking
11. Official Code of GA 19-13-54 Foreign Protection Orders
12. Official Code of GA 16-5-90 Stalking