If you are a victim of violence, you can file a petition for a temporary protective order. A protective order restrains the accused person, also known as the respondent, from harassing, stalking, or threatening the physical safety of the petitioner.

There is no cost to file a petition for a protective order under the state’s Family Violence Act. Petitions must be filed with the Clerk’s Office of the Superior Court of the county where the respondent resides.

You may wish to consult a lawyer before submitting a petition. You can find a lawyer through the State Bar of Georgia. You can also find referrals to legal assistance though the Georgia Commission on Family Violence or local organizations.

  1. Gather What You’ll Need

    Before filing a petition, gather the following information and documentation:

    • Proof of identity, such as a valid Georgia driver’s license
    • Information about the respondent, including:
      • Full name
      • Date of birth
      • Home address
      • Contact information, if known
    • Required court forms, including a petition for a temporary protective order
      • Additional forms may be required depending on your circumstances
      • If your case involves child support, you may need to provide financial affidavits, child support worksheets, or other supporting documentation
      • Required forms and procedures may vary by county
    • Evidence supporting your petition
      • Examples may include police reports, photographs, medical records, text messages, emails, witness statements, or other documentation
      • Evidence requirements vary by case
    • A written explanation of why you're requesting protection and why you fear future harm or violence
    • Witnesses who can testify about the incidents described in your petition
      • Witnesses may include family members, neighbors, law enforcement officers, or others with firsthand knowledge
      • Witnesses must be available to appear in court if required

  2. File a Protective Order Petition

    Georgia law provides several types of protective orders.

    Family Violence Protective Orders

    • Available to victims of family violence involving spouses, former spouses, parents, children, household members, or other qualifying family relationships.

    Stalking Protective Orders

    • Available to victims of stalking, harassment, surveillance, or threatening behavior by someone who doesn't have permission to engage in that conduct.

    Employer Protective Orders

    • Available in certain situations involving workplace violence or threats affecting employees.

    When filing your petition:

    1. Determine which type of protective order applies to your situation.
    2. Complete all required forms and supporting documentation.
    3. File the petition with the Clerk of Superior Court in the county where the respondent resides.
    4. Follow any local court procedures regarding filing and submission requirements.

    After filing, the court will assign your case a case number, also called a docket number. Keep this number for your records.

  3. Appear in Court

    You may be required to attend more than one court hearing during the protective order process.

    For each hearing:

    • Arrive early and report to the assigned courtroom.
    • Bring copies of all forms, evidence, and supporting documentation.
    • Bring any witnesses who may be required to testify.
    • Attend all scheduled hearings. Failure to appear may result in dismissal of your case.

    Ex Parte Hearing

    Your first court appearance may be an ex parte hearing, which can occur as soon as the day you file your petition.

    At this hearing:

    • The respondent is notified and doesn't attend.
    • The judge reviews the information you provide.
    • If immediate protection is warranted, the judge may issue an ex parte protective order that remains in effect until the full hearing.
    • The local sheriff's office will serve the order on the respondent.

    Full Hearing

    A full hearing is generally scheduled within 30 days after the petition is filed.

    At the hearing:

    • Both parties have an opportunity to appear.
    • The judge reviews evidence and testimony from witnesses.
    • The respondent may present evidence and testimony.
    • The judge decides whether to dismiss the petition or issue a temporary protective order.

    The respondent will be notified of the hearing and served through the local sheriff's office.

    Legal Assistance Resources

    Free or low-cost legal assistance may be available for eligible survivors.

    Resources include:

    Eligibility requirements may apply for certain legal aid services.

  4. Next Steps

    If a temporary protective order is granted:

    • You'll receive a certified copy of the order.
    • The local sheriff's office will serve the order on the respondent.
    • Records of the order will be maintained by:
      • The Superior Court Clerk's Office
      • The local sheriff's office
      • The Family Violence Protective Order Registry

    The protective order becomes effective once it has been served on the respondent.

    Temporary protective orders typically remain in effect for six to 12 months, although the court may order a different duration depending on the circumstances.

    If you need continued protection, you may petition the Superior Court to extend the order or request that it be converted to a permanent order, if permitted by law.

     

    Last updated June 2026