Obtaining A Protective Order In Georgia: Definition, Types, and Steps

Naturally, people have many anxieties when they initially enter divorce proceedings. Will they get the assets they need to live, for example, or will they lose out on time with their children due to how custody is arranged? For victims of domestic violence, however, the anxieties of entering into divorce include fear for their own safety – even the loss of their life. 

If you find yourself trying to escape a volatile marriage, a protective order is a smart option for keeping yourself safe and beginning the paper trail that will help you make your case in court for the terms that you need in order to begin your new life after your divorce is finalized. 

The divorce attorneys of Lunn Law have helped a wealth of clients through the particulars of their divorces, and we want to stress the importance of safety to people who are working to leave a harmful marriage life. Pursuing a protective order might seem daunting, which is why we have organized this blog so that you can understand the process for taking legal measures to keep yourself safe. 

Read on to discover what you need to know about obtaining a protective order in Georgia and safeguarding yourself against violence. 

Who Is Eligible For A Protection Order?

You are eligible for a family violence protection order if you or your minor child have experienced violence from a spouse, family member, an ex-spouse, or someone with whom you share a child. There is no cost to file for a family violence protective order. “Family violence” constitutes physical violence, including assault and battery, as well as actions like stalking and property damage. 

What Types Of Protective Orders Are Available In Georgia?

There are multiple types of protective or restraining orders in Georgia, but if you are seeking protection from a family member or someone in your household, you will want to seek a family violence protection order. This type of protection order will temporarily keep the accused person from contacting, harassing, stalking, and threatening you. In addition to protecting you, family violence protection orders can also protect your children.

There are two types of family violence protection orders available in Georgia: 

• Temporary Ex Parte Order: This type of order is a temporary order that lasts up to 30 days or until a court meeting can be held. In order to obtain this type of protective order, a judge must grant it after you have filed a petition with the court. This type of protection order can cover a lot of ground. In addition to not being able to contact, threaten, or harass you, they will also not be able to enter your home or property, surveil you, disconnect your utilities, or interfere with your children or pets. 

This order also gives you temporary custody of your children, as well as protects your personal property. This type of order can potentially be extended after a court hearing. 

• Family Violence Protective Order: This type of order can last up to a year, unless there are circumstances in which a judge might extend the order for longer or up to an indefinite period; in effect, these orders can be permanent. They are typically issued after a court hearing, and they offer the same protections as the temporary ex parte order. 

Steps To Obtaining A Protective Order In Georgia

If you are eligible for a protective order and wish to obtain one to safeguard yourself during divorce proceedings, you will want to take the following steps: 

• Documentation: First of all, get organized. You will need personal information related to you–for example, your driver’s license or ID–as well as the person against whom you are filing (obviously you do not need to bring their ID, but may need their address, phone number, etc.). 
• Evidence: Your next form of documentation will consist of any evidence of family violence. For this step, competent legal counsel is advised. Generally speaking, however, you will need proof of your relationship with the accused as well as evidence of the violence you have suffered. Evidence can include photos, communications such as texts and emails, medical reports, police reports, testimony from friends and family, and anything else that can corroborate your story. 
• Petition: You will then need to file the correct forms with the Clerk’s Office of the Superior Court. Make sure that all forms are filled out correctly and signed. After your petition is filed, you will be assigned a case number. 
• Hearings: You must attend your court hearing with copies of all the required forms. Come prepared. Your first hearing might occur as early as the day you file your petition, and the accused will not need to appear. The point of this first hearing is to determine whether your temporary order will go into effect.

At your next hearing, which will take place approximately 30 days after the initial one, both you and the accused will need to attend. In this later hearing, the evidence will be presented and the judge will decide whether or not to dismiss the protective order petition.

Your family violence protective order will last for up to a year, though this is not always the case. If you wish to have your order extended after this time, you will need to petition the court. If the court deems it necessary, your protective order can be made permanent. 

Lunn Law Can Help You Tackle Complications Throughout Your Divorce

If you are divorcing due to abuse, the divorce attorneys at Lunn Law can help you with the details of the process, whether that means obtaining a protective order, fighting for sole custody of your child, or proving your abuse in court so that you can have access to the assets you need in order to begin rebuilding your life. 

Lunn Law cares about the outcomes that affect you, and we want to help you fight for a better life. Cumulatively, we have over 60 years of legal experience, and we want to leverage it to your advantage. Reach out to schedule an initial case assessment and learn how we can offer compassionate, personalized service through each step of the divorce process.