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Last Updated March 11, 2025/

What is the legal definition of family violence in Georgia

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Recently updated on March 11th, 2025 at 08:18 pm

In Georgia, the term “family violence” is legally defined under O.C.G.A. § 19-13-1 as the occurrence of specific acts between certain individuals. These individuals include past or present spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household. The acts constituting family violence are:

  1. Any felony; or
  2. Commission of offenses such as:
    • Battery
    • Simple battery
    • Simple assault
    • Assault
    • Stalking
    • Criminal damage to property
    • Unlawful restraint
    • Criminal trespass

It’s important to note that the term “family violence” does not include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.

This definition is outlined in the Official Code of Georgia Annotated (O.C.G.A.) § 19-13-1.

Understanding this definition is crucial for recognizing behaviors that may be legally considered domestic violence in Georgia. If you or someone you know is experiencing such behaviors, it’s important to seek legal assistance or contact local authorities for support.

 

A Family Violence Protection Order in Georgia are court orders issued in situations such as abuse, stalking or harassment in range of ways from a current or former lover or relative, a neighbor, a co-worker or even a caregiver which require the abuser to stay a certain distance away from, and refrain from contacting the victim.

Create and E-File Court Forms

Failure to comply with the protection order can result in criminal charges and therefore these serve as effectively a final warning.   In practice, these are relatively simple to get from your local court, highly effective for the victim, and additionally provide coverage against abusive and harassment acts which are emotionally painful but not technically a crime.

When applying for a Family Violence Protection Order, attach all supporting material such as any police reports, pictures taken, screenshots of text messages, and medical bills to show that the definition of abuse was met.  The proof should support your main description of abuse.

These are submitted as part of the paper work called the petition, and then later at the court hearing. These help the Judge determine whether you meet the eligibility requirements for a restraining order.

Courts in Georgia apply the “preponderance of the evidence” standard when deciding whether to grant or not the restraining order.  “Preponderance of the evidence” (GA Code § 19-13-4) means that the evidence shows that the abuse likely happened rather than not.  This is a lower standard the one used for criminal cases.

Protection Order Overview

In Georgia, you can apply for a Family Violence Protection Order, commonly called a restraining order, by completing the official court forms, and then electronically filing (e-filing) the forms with your local court.

Create and E-File Court Forms

 

Filing online (also called e-filing) is the process of submitting your forms electronically as opposed to in person.  Filing involves delivering your case documents to the court. During business hours, the clerk at the court reviews the documents to ensure correctness and completeness, stamps them as accepted to complete the filing process and assigns a case number. Then a judge reviews your paperwork and the subsequent steps follow, such as serving the other party and having  a hearing where the evidence is presented by both parties.

The basic idea of a Protection Order is that a judge issues an order to an abuser to stay away from and not contact their victim who the abuser is harassing, abusing, threatening, stalking, or physically hurting.  In other words it’s a legal warning to stop the abuse, and stay away or face criminal charges. If the abuser disobeys the protection order, then the abuser can be formally charged with committing a crime and can be jailed.

Different types of Protection Orders apply depending on the situation such as of domestic violence, stalking, harassment, or situations where there is a credible threat to an individual’s safety. Protection Orders in Georgia are for situations involving domestic violence, civil harassment, stalking, and sexual assault. Protection Orders are governed by the Georgia state state law (as opposed to US Federal Law).

Step 1: Does my situation qualify for a Protection Order

To get an Protection Order in Georgia, you must meet specific legal requirements which depend on the type of protection order.  There are three types of orders of protection and typically only one of them may apply to your situation so it’s important to select the correct one.

 

Domestic Violence Order of Protection is for harassment, excessive texting, stalking, verbally abusing, controlling behavior, blackmailing or causing fear when the abuser is your current or former husband/wife, or a romantic partner, or a coparent, or a family member (not roommate).

 

Create and E-File Court Forms

Legal Definition of Domestic Violence in Georgia state

In Georgia, domestic violence is legally defined under the Georgia Domestic Violence Act (750 ILCS 60). It includes acts of abuse committed by a family or household member. Here’s a breakdown of the legal definition:

1. Qualifying Relationship to the Abuser

You must have a specific type of relationship with the person you’re seeking protection from. This includes:

  • A current or former spouse.
  • A blood relative (e.g., parent, sibling, or child).
  • A person you live with or have lived with.
  • A current or former dating partner.
  • A co-parent (someone with whom you share a child).
  • A caregiver (for adults with disabilities or the elderly).

2. Basis for Protection

You must demonstrate that the abuser has committed an act of abuse, which includes:

  • Physical abuse or assault.
  • Threats of physical harm.
  • Harassment (e.g., repeated unwanted contact, stalking).
  • Interference with personal liberty.
  • Intimidation of a dependent.
  • Willful deprivation (denying someone necessary care).

How this Website Works

 

This website simplifies the process of creating the court forms and filing them for all types of Protection Orders. You can also just explore the process privately.

1. Take Screening

Select the specific protection order you want to file for. Then answer a few questions to determine your eligibility.

2. Prepare Documents for Protection Order

Prepare the main set of your court documents by covering one topic at a time presented in simple language, and from any device. Then digitally sign without the need to print or re-scan the documents.

3. Consult Local Nonprofit (Optional)

Depending on your location, our website may allow you to make an appointment with your local and independent (no connection to this website) trusted and free victim advocacy non profits. These are typically funded by the Federal Government to assist the needy with legal process. The advocate can assist you with certain aspects of the case and safety planning. They can review your case documents, and talk to you directly to discuss your case.

4 File for Protection Order Online

This website simplifies the filing to a couple of clicks, and get follow up messages notifications from the court. You also have the option to download and print the PDF files and file in person.

 

 

Civil No Contact Orders As defined in 740 ILCS 22/201, it deals with individuals who are facing harassment or threats from non-family members.

 

 

 

Stalking No Contact Orders: This court order protects a person who has been stalked as defined by 740 ILCS 21/10.The person who wants protection (“the plaintiff”) files the case against the other party (“the defendant”). There does not need to be a special relationship between the plaintiff and the defendant.

 

 

 

 

What if I am Under 18 years of Age

In Georgia, the minimum age to petition for an Protection Orders  is typically 18 years old. However, there are exceptions for minors under the age of 18:

  • Minors Filing Independently: Minors (under 18) can file for an Protection Orders on their own behalf if they are victims of abuse or harassment. The court may require a guardian ad litem (a legal representative) to be appointed to assist the minor in the process.
  • Filing Through a Guardian or Parent: A parent, guardian, or another adult family member can file for an Protection Orders on behalf of a minor.
  • Emancipated Minors: Emancipated minors (those legally considered adults) can file for an Protection Orders independently without any additional legal support.

What if the abuser lives out of Georgia state 

A non-Georgia resident who abuses a Georgia state resident may be subject to the state’s jurisdiction. That means that a Georgia state court can make orders prohibiting a non-Georgia resident from further abusing a Georgia state resident. Abuse committed by out-of-state parties subjects them to this state’s personal jurisdiction.

An act of abuse by a party in another state against a person in Georgia is subject to “special regulation” in this state and is sufficient to vest personal jurisdiction in the Georgia state courts over the out-of-state party to enjoin any further such conduct.

Situation Examples

Example 1:  Husband is sexually and verbally abusive, and controlling  

My husband doesn’t allow me the option to say no to sex, and often that warning is not explicit but I know bad things will happen if I say no such as bullying, threats and immense tension. As a couple we have been having sex everyday for nearly two decades now.  He verbally abuses me by calling me a whore if I don’t sleep with him.  During this time he is intoxicated so I am fearful of having a discussion as his anger will quickly get out of control, and he will hurl things at home thereby inducing more fear in me. Such behavior has been going on for over a decade now so I am not sure about the date of the first incident now. One day I very carefully chose my words and mentioned that maybe we are not a right fit, and should seek counseling. He was enraged and threated me that he will utterly destroy me, my work reputation, and expose some minor things I did to the immigration authorities.  Since about six months, I have been sleeping in a separate room. He comes there routinely and tries to sleep with me forcefully.   Often times I feel that if I resist, or decline his advances that my reputation, our property, or even me life will me in danger.  I feel little, humiliated and disgusted with myself.

 

Example 2:  Boyfriend blackmails and destroys property to control and induce fear

Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, “if you mess with me, I’ll retaliate,” was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael’s behavior becomes particularly alarming when he is under the influence of drugs.

 

Example 3: Ex-boyfriend stalks 

Jenna’s ex-boyfriend shows up at Jenna’s work unexpectedly and drives around. Jenna is fearful, and had earlier clearly asked him to leave her alone.

 

Step 2: Gather Evidence (You can upload it online)

The first step is to gather the evidence to support your case. What proof do you need for a protection order in Georgia. The following are examples to help you organize though anything that supports your claims can be used.

Criminal Case

A criminal case in progress shows that the district attorney also found evidence of the abuse or crimes and therefore supports your claims.

Photos

Photos of violence, injuries, damage

 

Messages

Print outs of messages, emails or transcripts of voicemail

911 Calls

For each call document the #, date, time, caller, callee details

Medical Records

Documentation of any medical emergencies or injuries or treatments resulting from abuser’s violence.

Police Report

Police reports filed against abuser for domestic violence.

Testimony

A testimony from a witness who can be a family member, neighbor a co-worker or a bystander, either in writing or in person at the hearing, describing the incidents witnessed.

Step 3: Create Official Court Forms with Your Information Filled

You can fill these online for free.
Create My Civil Protection Order Forms

 

In order to apply for a protective order, you need to fill and submit a specific set of official Georgia state court forms. These have questions aimed at understanding your situation and the people involved.

Forms for Domestic Violence Order of Protection

 

Step 4: File with the Court

In Georgia, you can file for an Order of Protection in the Circuit Court of the county where:

  1. You live.
  2. The abuser lives.
  3. The abuse occurred.
  4. You are temporarily located (if you left home to escape abuse).

Identify the methods of Filing

Method # 1: In Person by visiting the court house

Your court location would accept the forms to be submitted in person at the court hours.

Tip: All courts have lunch hours when they are closed for an hour

When you submit your case documents at the court, typically you take 3 copies.

The clerks reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.

The stamp may look something like this:

 

Method # 2: E-file online

This is the most efficient option if you have an e-mail address and some basic computer skills like registering an account, and uploading PDF files.

Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit.

You will be required to some online service fees.


Method # 3: Via another person 

Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.

 

Step 5: Judge Sets Hearing, Grant/Deny Temporary Protective Order (TPO)

A judge reviews the case offline and then you will be notified by the court about the outcomes which are:

  • Temporary Protective Order Granted
  • Temporary Protective Order Denied

In addition the Judge would typically set a hearing. If the case doesn’t have sufficient evidence it might be dismissed without even a hearing.

The temporary order (if issued) is valid until the hearing i.e. typically about 3 weeks. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing to provide you with legal protection.

 

Step 6: Serve a set of Stamped Forms including Hearing Notice to Abuser 

 

Whenever one party initiates a protection order it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent

Under the Texas law there are multiple ways in which the other party can be served.

 

You cannot  serve your papers yourself.

 

Option 1:  Ask the Sheriff (FREE)

A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. To ask the sheriff to serve your papers, you must have an address or location for the other side (restrained person). If the other side is in jail, the sheriff can serve them. If the other side is in prison in Texas, prison staff, not the sheriff, will serve your papers.

 


Option 2: Ask a friend, relative or any adult (FREE)

You ask someone you know to be your server

  • 18 or over, and
  • not part of your case

Think about safety when choosing your server. Get step-by-step instructions for how to have someone else, not the sheriff, serve your court papers.

 

Option 3: Hire a courier for legal papers (Process Server)  

You can also hire a courier called  professional process server. You can search on Yelp or Google to get a list of options near you. Yelp Example . An example is ABC Legal Services.

You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.

 

Step 7: Present Evidence in a Court Hearing 

Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full protection order is issued. At this point it becomes a crime for the abuser to break the conditions of the protection order.

 

 

Step 8. Collect the Final Order

After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.

Costs – How much does it cost to get a Protection Order

The cost depends on the type of protection order.

Family Violence Protection Order

  • FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
  • FREE filing: There is no fees for filing. Online filing platforms may charge a E-filing fees
  • FREE Serving the other party 

 

How long does it take to get the Protection Order

You can get a temporary protection order the same day as you file.

Courts can have a cutoff of around 2 p.m.  for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open.

Courts are generally open Monday-Friday and closed on Saturday-Sunday.

The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing.

At the hearing a formal order may be issued

Is a Protection Order (restraining) order helpful?

The purpose of a protection order is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.

The specific terms of a protection order can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.

Typically, a protection order may prohibit the respondent from

  1. Approaching or contacting the petitioner including via text or social media
  2. Staying away from the usual places petitioner is at such as home, work or school
  3. Prohibit stalking, or surveillance of any kind
  4. In situations where they lived together, provide custody or access to
    • Children
    • Pets
    • Important documents
    • Personal items such as clothes, medications, cell phones
    • Cars
  5. Extending the protections to others living with the petitioner

Research findings on benefits of protection (restraining) orders

Here’s the top three findings from a study on domestic violence and protection orders from the University of New Hampshire

Reduce ViolenceReduce Violence

Civil protective orders (such as a DVRO) are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.

Cost Effective

Cost Effective

They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.

Countryside

Urban Vs. Rural

The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, the protection orders hold greater importance.

 

 

What Protections can I ask when I file for a Civil Protection Order

Here are the typical restrictions places on the abuser via the protection order.

Stay Away From You

Abuser would have to stay at least 100 yards away from you, your children and locations you request such as your work

Not To Contact You

Not to contact you via phone or text or mutual friends

Not Stalk You

Not stalk you or your loved ones, including your accounts on facebook or other social media

Hand Over A Car

Get access to cars held by the abuser

Vacate The Shared Residence

The respondent can be asked to vacate the shared residence. You can also request help from police to kick them out.

Handover Passport, Cell Phone, Medications Etc.

You an ask for your personal items such as passport, medications, clothes. This would be applicable if you were living together up to now.

Don’t Post Intimate Images

Take down, delete, and do not distribute intimate images of a protected person

Restrict Abusive Litigation

This is to prevent the misuse of the legal system to harass, intimidate, or burden you.

Get Drugs, Mental Health And Sex Offender Treatment

You can request the abuser to seek treatment for alcoholism, drug use, domestic violence abuse

 

 

Risks of a getting a Protection Order

It is conceivable that following the submission of a civil protection order, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.

The response of your abuser after the filing of a protection order is unpredictable. While a Civil Protection Order can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction.

Despite the safeguards intended by a DVPO, abusers may retaliate through various means, such as:

  1. Physical assault or violence
  2. Harming or taking away children
  3. Damaging jointly owned property
  4. Disregarding the order and persisting with threats, possibly through intermediaries
  5. Inflicting harm or causing harm to pets
  6. Harassing your loved ones for information
  7. Engaging in stalking behavior
  8. Initiating a retaliatory protection order against you
  9. Spreading false information about you in court documents, online, or publicly

Following the submission of a domestic violence Protection order, it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.

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