§ 19-13-2.Jurisdiction of superior court
Chapter 13. Family Violence · Article 1. Granting of Relief by Superior Courts · Last amended 1997 · Last verified October 9, 2026
Full Text of § 19-13-2
Plain-English Summary
This section answers the first practical question in a protective-order case: which courthouse? The general rule is that the superior court of the county where the respondent resides — the person the order would restrain — has jurisdiction over proceedings under Article 1. That is often not the petitioner’s own county, which surprises people who have moved away from an abusive partner.
A different rule applies when the respondent is a nonresident. Then the petitioner may file in the superior court where the petitioner resides, or in the superior court where an act of family violence allegedly occurred. But there’s a condition: the act must meet the elements for personal jurisdiction in paragraph (2) or (3) of Code Section 9-10-91, Georgia’s long-arm statute. That link to the long-arm statute is what lets a Georgia court reach someone who lives elsewhere.
Wherever the case is filed, the order that comes out of it isn’t limited to that county. Under § 19-13-4(d), a protective order is effective throughout Georgia, and every sheriff, deputy and law enforcement officer in the state must enforce it. Chapter 13A sets parallel filing rules for dating violence cases in § 19-13A-2. The section was last amended in 1997.
Frequently Asked Questions
Where do I file for a family violence protective order in Georgia?
Ordinarily in the superior court of the county where the respondent — the person you want the order against — resides. That is the general rule this section sets for every proceeding under Georgia’s family violence protective-order article. A different rule applies when the respondent is a nonresident. The clerk of that superior court may provide petition forms under § 19-13-3(d).
Can I file a protective order in my own county in Georgia?
Yes, if the respondent also resides in your county, because the respondent’s county is the usual place to file. Otherwise, only when the respondent is a nonresident. Then the superior court where the petitioner resides, or where an act of family violence allegedly occurred, has jurisdiction — provided the act meets the personal-jurisdiction elements in paragraph (2) or (3) of § 9-10-91, Georgia’s long-arm statute. Otherwise, the case belongs in the respondent’s county.
What if the person who abused me lives in another state?
This section lets you file in the superior court of the county where you reside, or where the act of family violence allegedly occurred. The condition is that the act meets the elements for personal jurisdiction under paragraph (2) or (3) of § 9-10-91, Georgia’s long-arm statute. Whether a given act meets those elements is for the court to decide.
Do I have to file in the county where the violence happened?
No, not when the respondent lives in Georgia. In that case the superior court of the county where the respondent resides has jurisdiction, wherever the violence took place. The county where the act allegedly occurred becomes an option only when the respondent is a nonresident and the act meets the long-arm elements in paragraph (2) or (3) of § 9-10-91.
Is a protective order from one Georgia county good in other counties?
Yes. This section decides only where the case is heard. Under § 19-13-4(d), a protective order issued under that section is effective throughout the state, and every superior court, sheriff, deputy sheriff and state, county or municipal law enforcement officer in Georgia has a duty to enforce a valid order. The filing county doesn’t limit where the order protects you.
Amendment History
Laws 1981, p. 880, § 2; Laws 1982, p. 3, § 19; Laws 1997, p. 1543, § 1.