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How Long Does a Protective Order Last in Georgia?

One of the many ways the state of Georgia provides for the safety of its citizens is by authorizing the courts in the state to issue and enforce protective orders guarding individuals who are suffering abuse, harassment, or stalking at the hands of another.

Georgia’s courts issue several different types of protective orders, all of which are commonly referred to as “restraining orders.” These various types of orders each target a specific kind of abuse or harassment, but they all carry the total weight of a court injunction – meaning that violating the terms of a protective order is a crime punishable by jail time, fines, and other penalties.

If you have suffered abuse at the hands of a spouse, partner, family member, coworker, acquaintance, or stranger, you may be eligible to petition the court for a protective order. Once you have, however, you may be wondering how long those protections will last.

In this month’s article, we will examine the protective order process, what it takes to get a protective order, and answer the question: How long does a temporary protective order last?

What Types of Protective Orders Are Issued in Georgia?

The state of Georgia offers three types of protective orders for people suffering abuse or harassment:

  • Family Violence Protective Orders: These orders are issued to protect a victim who has been the victim of violence at the hands of a family member or a member of their household.
  • Stalking Protective Orders: Someone who has been followed, surveilled, or threatened by a member of the public may have a protective order issued protecting them from their stalker.
  • Employer Protective Orders: Victims of workplace violence or harassment may be able to get an employer protective order to force the offender to stop their abuse.

All three types of protective orders have two phases: the initial ex parte phase and the longer-term post-hearing phase.

Ex Parte Protective Orders

When someone comes to the court with a petition for a protective order, the court goes into immediate action. Very quickly after the petition is filed – sometimes on the same day – the petitioner will appear before a judge in what’s known as an ex parte hearing. The person accused of carrying out the abuse or harassment is not allowed to be present in this hearing, and only the accuser’s evidence is heard. If the judge feels that the evidence shows that the accused is a legitimate threat to the petitioner, the judge can issue an ex parte protective order that is valid only for 30 days or until a full hearing can be held, whichever comes first.

Post-hearing Protective Orders

A full protective order hearing will be held within 30 days of an ex parte order being issued, and the accused is expected to be present for this later proceeding. At this hearing, both parties can (and should) have counsel present, and the accused is given the chance to answer questions and challenge the evidence against them. Post-hearing protective orders can last for a set period (temporary protective orders) or, in rare cases, can be set indefinitely (permanent protective orders).

How Long Do Protective Orders Last in Georgia?

The duration of a protective order in Georgia depends on a few factors, including the type of order and the nature of the threat the accused poses to the victim.

Ex parte orders

Ex parte orders are issued when a protective order petition is initially filed and last up to 30 days.

Temporary protective orders

If the court issues a longer-term protection order after the full hearing, it will usually have a term of six or twelve months. Occasionally, courts will issue orders with terms covering up to three years. If the victim wishes to extend the order before its completion date, they may petition the court for an extension and may have to appear for another hearing.

Permanent protective order

Just as the name suggests, permanent protective orders never expire and only end when either the petitioner chooses to have the court lift the order or one of the parties to the protective order dies.

How Do I Apply for a Protective Order in Georgia?

As with any legal process, the absolute best way to proceed with getting a protective order in Georgia is to get in touch with a family law attorney who has experience helping people escape abuse, harassment, or stalking.

Your attorney will listen carefully to your story, help you complete the necessary paperwork for a protective order, file your papers with the appropriate court, and stand by your side through your hearings. They’ll help you navigate the legal details of working through the protective order process and make sure you understand your rights and responsibilities. If you need resources to help you cope with the aftermath of your trauma, your attorney can help you with those, too.

Facing Abuse or Harassment? We Can Help: Call EMC Family Law Today!

You should never have to suffer at the hands of an abuser or stalker. To help you obtain the protection and security of a protective order, you need a legal team that understands family law and can help you get the outcome you deserve. Give us a call and let us guide you through your next steps: 770-225-7000.

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