§ 19-13-16.Mandatory participation; cost for participation
Chapter 13. Family Violence · Article 1A. Family Violence Intervention · Last amended 2002 · Last verified October 9, 2026
Full Text of § 19-13-16
Plain-English Summary
This section makes family violence intervention programs the default, not an afterthought. When a court sentences a defendant or revokes probation for an offense involving family violence, or imposes a protective order against family violence, it shall order the defendant to participate in a family violence intervention program. That order comes in addition to any penalty the law provides. The program may be a certified program under the article or one operated under § 19-13-15.
The court can depart from the rule, but only by determining and stating on the record why participation isn’t appropriate. So a respondent in a protective-order case should expect the court to address program participation, one way or the other. Separately, § 19-13-4(a)(11) lets the court order the respondent to receive psychiatric or psychological services.
The State Board of Pardons and Paroles has a parallel duty. For a violation of parole for an offense involving family violence, it shall require the conditional releasee to participate in a program, unless the Board determines why participation isn’t appropriate. The defendant pays for the program unless he or she is indigent; for an indigent defendant, the cost is set on a sliding scale based on ability to pay. This section has not been amended since its 2002 enactment.
Frequently Asked Questions
Will a Georgia protective order require the respondent to attend a family violence program?
Ordinarily, yes. When a court imposes a protective order against family violence, this section says it shall order participation in a family violence intervention program, unless the court determines and states on the record why participation isn’t appropriate. The program may be certified or one operated under § 19-13-15.
Who pays for a court-ordered family violence intervention program in Georgia?
The defendant pays, unless he or she is indigent. For an indigent defendant, the cost is determined by a sliding scale based on the defendant’s ability to pay. The section doesn’t set a dollar amount for the program. The payment rule applies to programs ordered under this section, whether certified or operated under § 19-13-15.
Can a Georgia judge decide not to order a family violence intervention program?
Yes, but the judge must explain why. The court shall order participation unless it determines and states on the record why participation isn’t appropriate. Without that statement on the record, the order is required when sentencing or revoking probation for a family violence offense or imposing a protective order against family violence.
Does a parole violation for family violence require a program in Georgia?
Generally, yes. For a violation of parole for an offense involving family violence, the State Board of Pardons and Paroles shall require the conditional releasee to participate in a family violence intervention program, unless the Board determines why participation isn’t appropriate. The program may be certified or one run under § 19-13-15.
Is a family violence intervention program a substitute for jail or probation in Georgia?
No. This section says the court orders the program in addition to imposing any penalty provided by law. The program is an added requirement, not a replacement for a sentence. Whether a sentence includes jail or probation is decided under the criminal law, not this section.
Amendment History
Laws 2002, p. 1435, § 3.