§ 19-13-3.Petition seeking relief from family violence; temporary relief ex parte; hearing; dismissal of petition upon failure to hold hearing; procedural advice for victims; delays

This is the starting point for a Georgia family violence protective order. A person who is not a minor may file a petition with the superior court alleging one or more acts of family violence, as defined in § 19-13-1. An adult may also file on behalf of a minor. The person asking is the petitioner; the person the order would restrain is the respondent. Section 19-13-2 says which county’s court hears the case.

The first step can bring fast protection. If the petition is verified — sworn to — and alleges specific facts showing probable cause that family violence happened in the past and may happen in the future, the court may order temporary relief ex parte, meaning on the petitioner’s papers alone, before the respondent is heard. The judge may order whatever temporary relief the court deems necessary to protect the petitioner or a minor of the household. This is discretionary: the statute says “may.” If the judge issues an ex parte order, the petitioner must get a copy immediately. The order stays in effect until the court dismisses it or the hearing takes place, whichever comes first.

The hearing has a firm clock. It must be held within ten days of filing or as soon as practical after that, but not later than 30 days after the petition was filed. If the home county can’t fit the hearing in within the 30 days, it must be scheduled and heard in another county of the same judicial circuit. If no hearing is held within 30 days, the petition stands dismissed unless the parties agree otherwise. One exception: if the court finds a party is avoiding service to delay the hearing, it may delay dismissal for an additional 30 days. At the hearing, the petitioner must prove the allegations by a preponderance of the evidence — more likely true than not — as in other civil cases. The relief available after the hearing is in § 19-13-4.

No one has to do this alone. Family violence shelter or social service agency staff whom the court designates may explain to victims without lawyers how to fill out and file the forms. The clerk may provide the forms but isn’t required to help complete them or present the case. Any help given under this section is free, and it isn’t the practice of law under § 15-19-51. If you are in immediate danger, call 911. The section was last amended in 2018.