Overview

Georgia’s Family Violence Act lets a victim file for a Family Violence Protective Order (FVPO) in the Superior Court. Covered relationships include spouses/former spouses, parents/children (including step-relations), people who live or have lived in the same household, and people who share a child. Covered acts include battery, assault, stalking, unlawful restraint, criminal trespass, and criminal damage to property. Courts may grant a temporary ex parte order (often the same day), followed by a full hearing where both sides appear. If the judge finds that family violence occurred (or is likely to occur), the court can issue a final order (commonly up to 12 months) and may extend it. You typically file in the county where the respondent lives. Georgia’s official guide confirms there is no filing fee for Family Violence petitions; sheriff’s service is generally provided at no cost for FV cases. Relief can include no-contact, stay-away distances, exclusive use of the residence, temporary custody/visitation, and firearms restrictions. If the order is violated, call law enforcement and document the incident.

Sources: Georgia.gov – Get a Protective Order; O.C.G.A. Title 19, Ch.13 (legis.ga.gov PDF); Fulton County Superior Court; Henry County – TPOs.

Target Audience

• Georgia residents (or those seeking protection from a Georgia-based respondent) experiencing qualifying family violence.
• Parents/caregivers who need immediate temporary custody/visitation and safe-exchange terms.

Benefits of a Family Violence Protective Order

• Immediate protection: Ex parte orders can issue quickly to bridge to a full hearing.
• Enforceability: Police-enforceable terms; violations may lead to arrest or contempt.
• Stability: Temporary custody/visitation and residence provisions reduce conflict and risk.

Sources: Georgia.gov; Georgia Protective Order Registry.

Process in 10 Steps

1. 
   

   Check eligibility under O.C.G.A. 19-13.

   Confirm that both the relationship (spouse/former spouse; parent/child including step-relations; current/former household members; co-parents) and the conduct (battery, assault, stalking, criminal trespass, unlawful restraint, criminal damage to property) match Georgia’s Family Violence Act. If your situation involves someone outside these relationships, consider Georgia stalking or dating-violence orders instead. This triage avoids filing on the wrong track and prevents delay.

   Sources: O.C.G.A. 19-13; Georgia.gov.

2. 
   

   Choose the correct county and court.

   File in the Superior Court of the county where the respondent lives. If the respondent is out of state or cannot be found despite diligent efforts, venue may be proper where you live. Check the county’s page for TPO windows, hours, and contact details (e.g., Fulton County Family Division). Plan your visit to align with ex parte intake hours if you need same-day review.

   Sources: Georgia.gov; Fulton County Superior Court.

3. 
   

   Draft a clear, date-anchored petition.

   Describe recent incidents (dates, locations, injuries, witnesses) and ask for tailored relief: no-contact; stay-away distances from home/work/school; exclusive use of the residence; temporary custody/visitation and safe exchanges; firearms restrictions. Bring printed exhibits (texts, call logs, photos) in sets for the court and service.

   Source: Georgia.gov.

4. 
   

   File with the clerk (no filing fee in FV cases).

   Georgia confirms there is no filing fee for Family Violence petitions; counties (e.g., Henry) note sheriff service is generally provided at no cost in FV cases. If you are in danger, tell the clerk you need a same-day ex parte presentation.

   Sources: Georgia.gov; Henry County – TPOs.

5. 
   

   Attend an ex parte hearing (often same day).

   Explain succinctly why immediate relief is required. The judge may issue a temporary order with specific terms through the full hearing date. Secure certified copies for yourself and for law enforcement/service.

   Sources: Georgia.gov; Fulton County Superior Court.

6. 
   

   Ensure sheriff’s service on the respondent.

   Provide accurate addresses, work hours, and safety notes. Track attempts; if service fails, promptly request alternate service or a continuance to preserve your case schedule.

   Source: Henry County – TPO Process.

7. 
   

   Prepare for the full hearing.

   Print and label exhibits (photos, 911 logs, texts). Consider subpoenas and propose clear child-exchange logistics. Rehearse a date-anchored narrative tied to the statute.

   Sources: O.C.G.A. 19-13; State Bar of Georgia.

8. 
   

   Attend the full hearing; request precise final relief.

   Present a calm chronology and submit exhibits. Ask for specific distances, communications rules (e.g., child-only via designated channels), exclusive residence use, temporary custody/visitation, and firearms limits as warranted.

   Sources: Georgia.gov; O.C.G.A. 19-13.

9. 
   

   Carry certified copies; use the registry; call police if violated.

   Store copies at home/work/school. Georgia’s Protective Order Registry assists law enforcement with verification and enforcement. For violations, call police, obtain an incident number, and preserve evidence.

   Source: GA Protective Order Registry.

10. 
    

    Extend, modify, or dismiss as circumstances change.

    Calendar your expiration date. If safety risks persist, file for extension with enough time for service. Seek modifications for exchanges or communications. Consider collateral effects (e.g., firearms) before stipulating to dismissal.

    Sources: Georgia.gov; Fulton County A–Z Guide.

Costs

No filing fee for FV petitions; sheriff service generally at no cost in FV cases. Budget for printing, certified copies, childcare/transport, and optional attorney’s fees.

Sources: Georgia.gov; Henry County – TPOs.

Time Required

Ex parte relief is often same day. Full hearings are commonly set within 10–30 days. Final orders typically run up to 12 months with possible extensions.

Sources: Georgia.gov; Fulton County Superior Court.

Limitations

• Civil order—depends on reporting and enforcement after violations.
• Custody/support terms are typically temporary; long-term relief needs separate actions.
• Venue, service, and evidence standards must be met or relief may be delayed/denied.

Risks & Unexpected Problems

• Service delays can postpone hearings or result in dismissal if deadlines lapse.
• Vague evidence (no dates, few exhibits) undermines relief.
• Mutual/conflicting orders complicate enforcement—seek advice first.

Official References (Georgia)

• Georgia.gov – Get a Protective Order
• O.C.G.A. 19-13 (legis.ga.gov PDF)
• GA Protective Order Registry
• Fulton County Superior Court
• Henry County – TPOs