Unfortunately, domestic violence remains a serious problem in Georgia. According to data from the Georgia Commission on Family Violence, more than one in four women and one in five men will personally endure domestic violence by an intimate partner or other household member. 

The family law system in our state provides some important protections, including the right to seek a protective order. Our Georgia family law attorney can provide guidance on protective orders, including how they impact family law cases and criminal cases. 

Protective Orders are Civil Remedies (For Family Violence)

In Georgia, a family violence protective order is a civil remedy issued by a superior court. The protective order can be put in place under the Georgia Family Violence Act. It is not automatic. A person’s eligibility for a protective order depends on both the alleged conduct and the parties’ relationship.

• Family Violence: In Georgia, “family violence” includes any felony and specified offenses such as battery, simple assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass when committed between current or former spouses, parents of the same child, parents and children, certain stepparent or foster-family relationships, or people who live or formerly lived in the same household. 

Note: Dating partners outside those categories may seek relief under Georgia’s separate dating-violence statutes.

A Criminal Conviction is Not Required for a Protective Order

Domestic violence can lead to a criminal charge in Georgia, potentially even a felony in certain circumstances. With that being said, a protective order proceeding does not require a conviction, a formal criminal charge, or even an arrest in Georgia. Instead, the Issuance of a civil order is also not a criminal conviction. The civil court determines whether statutory grounds for protective relief have been established. It is up to prosecutors to separately determine whether admissible evidence supports criminal charges beyond a reasonable doubt. A key point to remember is that a protective order is put in place in a separate process. Reasonable doubt is not required for a protective order. 

Temporary Protective Orders: A TPO May Be Entered Ex Parte Before a Full Hearing

A temporary protective order (TPO) may be issued without advance notice to the respondent. Under O.C.G.A. § 19-13-3, the petitioner must file a verified petition alleging specific facts establishing probable cause that family violence occurred in the past and may occur again. The court may then grant temporary ex parte relief needed to protect the petitioner or a minor household member.

Note: The ex parte order remains effective until it is dismissed or the required hearing occurs. The hearing should be held within ten days or as soon as practical, but generally no later than 30 days after filing. Both parties may present evidence and challenge witnesses, and the petitioner must prove the allegations by a preponderance of the evidence. If the hearing is not held within 30 days, the petition generally stands dismissed unless the parties agree otherwise or service avoidance supports a statutory delay.

A Protective Order Can Decide Immediate Family-Law Issues

Under Georgia law (O.C.G.A. § 19-13-4), courts can grant relief that extends beyond a no-contact directive. The court may award one party possession of the residence, exclude or evict the other party, provide for retrieval of personal property, award temporary custody, establish temporary visitation, and order child or spousal support as authorized by law. It may also restrain harassment, award attorney’s fees, and require appropriate psychological or psychiatric services.

These provisions can materially alter the parties’ positions while a divorce or custody case is pending. However, protective-order relief does not automatically constitute a final adjudication of equitable division, permanent custody, child support, alimony, or other family law matters. Only temporary relief can be granted on these grounds. 

Family-Violence Findings Can Shape Custody and Visitation (Big Deal for Parents)

A protective order may become significant evidence in a divorce, custody, or modification proceeding. Under O.C.G.A. § 19-9-3, evidence of family violence, child abuse, and either parent’s criminal history is relevant to the child’s best interests. Once the court makes a finding of family violence, the safety of the child and the victimized parent becomes a primary consideration. The judge must also consider the perpetrator’s history of causing physical harm, assault, bodily injury, or reasonable fear of such harm.

The Violation of a Protective Order is a Serious Issue in Georgia (Criminal Offense)

A protective order is enforceable according to its express terms, and violating it can create criminal exposure independent of the underlying family violence allegations. Under Georgia law, a person commits an offense by knowingly and nonviolently violating provisions of a civil family violence order, dating violence order, or criminal family violence order, including stay-away, distance, residence-exclusion, or no-contact restrictions. A conviction is a misdemeanor. Conduct involving threats, surveillance, repeated unwanted contact, or violence may also support separate charges, including stalking, aggravated stalking, battery, or assault. The respondent must comply unless and until the court modifies or dissolves the order.

We are a Compassionate Family Law Firm in Georgia

Domestic violence is a very serious matter. A protective order may be necessary to ensure that the health, safety, and well-being of the victim are a top priority. At Burns Smith Law, P.C., our Georgia family law team handles these critically important cases with the care, sensitivity, compassion, and top-tier professional skill that our clients deserve. If you have any specific questions about your rights, responsibilities, or legal options, you can contact us for a confidential initial consultation. 

Contact Our Georgia Family Law Protective Order Lawyer Today

At Burns Smith Law, P.C., our Georgia family lawyers have the skills and experience to handle protective order cases. If you have any questions about protective orders, please do not hesitate to contact us today to set up a confidential, no-obligation consultation. Our firm handles protective orders and other family law matters throughout Georgia.