§ 19-13-1.“Family violence” defined
Chapter 13. Family Violence · Article 1. Granting of Relief by Superior Courts · Last amended 1993 · Last verified October 9, 2026
Full Text of § 19-13-1
Plain-English Summary
This definition is the doorway to a Georgia family violence protective order. A petition under Code Section 19-13-3 must allege at least one act of family violence, and this section says what counts. Two things have to line up: the relationship between the people involved, and the act itself.
The relationship must be one of these: past or present spouses; people who are parents of the same child; parents and children; stepparents and stepchildren; foster parents and foster children; or other people living, or who used to live, in the same household. Someone who dated the other person but never lived with them and shares no child with them falls outside this list. Georgia handles those cases separately, through the dating violence protective order in Chapter 13A, which defines the relationships it covers in § 19-13A-1.
The act must be either any felony, or one of eight listed offenses: battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint or criminal trespass. Physical injury isn’t required — stalking, damaging property and trespassing all qualify. The section speaks of acts, not convictions; in the civil hearing under § 19-13-3, the petitioner proves the allegations by a preponderance of the evidence. One exclusion: reasonable discipline a parent gives a child in the form of corporal punishment, restraint or detention is not family violence. Whether discipline was reasonable is for the judge to decide.
This definition governs Article 1 of Chapter 13 — the protective-order sections. The intervention-program article and the shelter article use their own, different definitions in § 19-13-10 and § 19-13-20. If you are in immediate danger, call 911; family violence shelters and advocates across Georgia also help people plan for safety. The section was last amended in 1993.
Frequently Asked Questions
What counts as family violence in Georgia?
Under this section, family violence is any felony, or the offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint or criminal trespass, when committed between people in a listed relationship. Those relationships are past or present spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and others who live or once lived in the same household. Reasonable parental discipline is excluded.
Can I get a family violence protective order against someone I dated but never lived with?
Not under this definition, unless another listed relationship applies — for example, you are parents of the same child. This section covers spouses, former spouses, co-parents, family relationships and people who live or lived in the same household. Georgia offers a separate dating violence protective order in Chapter 13A, and § 19-13A-1 defines the dating relationships that chapter covers.
Does stalking or damaging my property count as family violence?
Yes. Stalking and criminal damage to property are both on the list, along with criminal trespass and unlawful restraint. None of these requires a physical injury. What matters is that the act happened between people in one of the relationships the section names — such as spouses, co-parents or members of the same household, past or present.
Is spanking a child considered family violence in Georgia?
Not when it is reasonable discipline. The section excludes reasonable discipline a parent gives a child in the form of corporal punishment, restraint or detention. The exclusion reaches only discipline that is reasonable; a battery or other listed offense against a child can still be family violence. Whether particular discipline crossed the line depends on the facts, and the judge decides.
Do I need criminal charges or a conviction to get a protective order in Georgia?
This section doesn’t require either. It defines family violence by the acts committed, not by whether anyone was charged or convicted. A protective-order case is a civil case: under § 19-13-3, the petitioner must prove the allegations at a hearing by a preponderance of the evidence, the standard used in other civil cases. What evidence persuades the judge depends on the case.
Amendment History
Laws 1981, p. 880, § 1; Laws 1988, p. 1251, § 2; Laws 1992, p. 1266, § 3; Laws 1993, p. 1534, § 3.