How To Get A Restraining Order In Georgia

Restraining orders, known as protective orders in Georgia, are court-issued instructions directing an individual to stay away from another individual or their property. These orders are authorized under O.C.G.A. § 19-13-1 et seq. Under the statute, restraining orders are generally issued on the grounds of family violence, stalking, sexual assault, or harassment.

A person may seek a restraining order when they fear for their safety because of the actions or threats of another, whether a family member, acquaintance, or stranger. Protective orders issued in Georgia are also valid and enforceable in other states under the Violence Against Women Act (VAWA). Likewise, individuals with out-of-state protective orders may register them in Georgia to ensure enforcement whenever they are within the state.

Records of protective orders are part of Georgia civil court records and are maintained by the Clerk of Superior Court, the local Sheriff's Department, and the Family Violence Protective Order Registry.

Types Of Restraining Orders in Georgia

Georgia offers three main types of restraining orders:

• Family Violence Protective Orders: These are available to individuals experiencing abuse, threats, or harassment from a family or household member, such as a spouse, parent, child, sibling, or other cohabitant.
• Stalking Protective Orders: These become necessary when an individual notices they are being followed or monitored without their consent, or being consistently threatened by a stranger. Unlike family violence orders, the petitioner does not need a direct or indirect relationship with the respondent.
• Employer Protective Orders: These are intended to address acts or threats of workplace violence. Employees facing harassment or abuse from employers or coworkers can request these orders.

Restraining orders can either be ex parte, temporary, or permanent. Ex parte orders are issued after a hearing (without the respondent present) and provide immediate relief until the full hearing. Temporary orders are short-term orders issued after a full hearing; they are typically the initial restraining order issued after the hearing. A temporary order can then become a permanent order if the protected party files a petition with the court before the expiration of the temporary order.

Are Restraining Orders Public Record In Georgia?

Yes. In Georgia, restraining orders are public records accessible under the state's Open Records Act (O.C.G.A. §§ 50-18-70 to 76). In other words, they can be viewed by law enforcement, judges, prosecutors, employers, landlords, and members of the general public.

However, authorized officials and agencies can access confidential or more detailed information through the Georgia Protective Order Registry, maintained by the Georgia Crime Information Center (GCIC).

Generally, there are limited circumstances where restraining orders may not be accessible to the public in Georgia. These include orders surrounding sensitive issues like child custody, juvenile involvement, or medical and mental health details. However, the order may still be public, with sensitive information, like protected identifiers under Rule 21.6 of the Georgia Superior Court Uniform Rules, restricted from the public's view.

How To Look Up Restraining Orders In Georgia

Protective orders are court documents that can be accessed by looking up Georgia court records. They are handled at the county level, so individuals can access court records by visiting the courthouse.

Alternatively, individuals may use a court's online case search system to access information on a protective order online. However, while the orders may be accessible online, sensitive details may be redacted or removed to protect privacy.

Can You Look Up A Restraining Order Online?

Georgia residents can access restraining order information through county-specific case portals available on the state's Court Records E-Access website. These online systems typically allow users to search by the names of the involved parties or by case number. Some county portals may require users to create an account before accessing records. Alternatively, individuals may use third-party data aggregator services to search for Georgia court records. However, these commercial services often charge fees for document access and may not provide current or completely accurate information.

How To File A Restraining Order In Georgia

Due to the different types of restraining orders available in Georgia, individuals who feel threatened or vulnerable must first identify the appropriate order needed. This decision should be made by carefully assessing the circumstances and their relationship with the respondent.

Once the appropriate type of order is determined, the next step is to file a petition with the Superior Court Clerk's Office in the county where the respondent lives. The filing process involves completing court-provided forms and submitting supporting evidence. Petitioners may consult with legal counsel to help file the petition, but it is not mandatory. However, those needing legal assistance can find an attorney through the State Bar of Georgia. The Georgia Commission on Family Violence also provides referrals to legal resources that may be useful to petitioners.

Following the submission of the petition, the court will set a hearing date to consider a long-term order. In emergencies, judges may issue a temporary ex parte order to provide urgent protection. The county Sheriff's Department will then serve the respondent with this temporary order and hearing notice. Petitioners should note that failure to appear at the scheduled hearing may result in the dismissal of their case.

If the protective order is issued, the petitioner will be given a certified copy. The respondent will also receive a copy through the Sheriff's Department. The protective order will go into effect once the respondent receives it.

Can You File A Restraining Order For No Reason In Georgia?

No, individuals cannot file a restraining order in Georgia without a valid reason (O.C.G.A. § 19-13-3). Courts will only grant an order when the petitioner demonstrates probable cause that the respondent has committed an act of family violence, stalking, or presents a credible threat of harm. Personal disputes or unsubstantiated claims without evidence of actual violence or threatening behavior will result in a dismissal.

What Proof Do You Need For A Restraining Order In Georgia?

Individuals seeking a restraining order in Georgia must clearly explain and provide convincing proof to the court demonstrating why the order is necessary. Any evidence presented should be specific, well-documented, and directly related to the alleged behavior. Petitioners may consult with their legal representative to know what evidence is needed for the petition. In cases of domestic violence, for example, the petitioner may need to provide proof of relationship to the respondent. Other evidence that may help the petitioner's case includes:

• Police reports documenting prior incidents
• Threatening communications (texts, emails, voicemails, call logs)
• Audio/video recordings of concerning interactions
• Photographic evidence of injuries or property damage
• Witness statements or notarized affidavits (witnesses must be able to be physically present in court)

Georgia courts use the "preponderance of the evidence" standard, meaning the petitioner does not need to prove the case beyond a reasonable doubt. They only need to convince the court that there is an active threat to their safety.

How Long Does It Take To Get A Restraining Order In Georgia?

The processing time for restraining orders varies by type. An ex parte temporary protective order is often granted the same day the petition is filed, provided the petitioner presents sufficient evidence of immediate danger.

Following the issuance of an ex parte order, a full hearing is usually scheduled within 10 to 30 days of the petition's filing. More complex cases (e.g., cases involving child support) often require multiple hearings that may extend over several weeks. If the original county cannot accommodate a hearing within the 30-day window, the case may be transferred to another county within the same judicial circuit. However, if no hearing occurs within 30 days and neither party requests an extension, the case will be automatically dismissed.

How Long Does A Restraining Order Last In Georgia?

Restraining orders in Georgia can last from a few weeks to several years. Emergency ex parte orders provide immediate protection but remain valid for up to 30 days. Temporary orders issued after a full hearing typically remain in effect for 6-12 months, though petitioners may request extensions up to three years. When converted to permanent status, protective orders continue indefinitely unless the court dissolves them.

How Much Does A Restraining Order Cost in Georgia?

Under the Georgia Family Violence Act, individuals seeking a protective order are exempt from paying filing and service fees. However, there may be a fee for obtaining certified copies of the order after it is granted. Typically, copies cost $2.50 for the first page and 50 cents for each additional page, although fees may vary slightly by county. Additionally, petitioners may incur legal expenses if they hire a lawyer to file the petition or represent them at the court hearing.

Can You Cancel A Restraining Order In Georgia?

Yes. A Georgia restraining order can be terminated or changed. For an alteration to happen, the protected individual or the respondent must file a petition in the court that issued the order. The court will then set a hearing date and ensure the other party receives the notice. During the hearing, the judge will gauge whether circumstances have changed enough to warrant the order's modification or termination. The judge will only approve the modification or termination if convinced that it aligns with safety concerns and the interests of justice.