§ 19-13-5.Supplemental nature of remedies provided by article
Chapter 13. Family Violence · Article 1. Granting of Relief by Superior Courts · Last amended 1981 · Last verified October 9, 2026
Full Text of § 19-13-5
Plain-English Summary
This one-sentence section prevents a misunderstanding. The remedies in Georgia’s family violence protective-order article — the ex parte order under § 19-13-3, the relief listed in § 19-13-4, the security checks in § 19-13-4.1 — are not exclusive. They are additional to any other remedies provided by law. Seeking a protective order doesn’t give up other legal paths, and those other paths don’t rule out a protective order.
What those other remedies are depends on other law. A family violence incident may also lead to a criminal prosecution, decided by police and prosecutors. A divorce or custody case may address the same household, and § 19-13-4 itself ties support to what is “required by law.” Section 19-13-6 also shows the overlap at work: a violation of a protective order may be punished as contempt or as a crime.
Chapter 13A, which provides dating violence protective orders, has a parallel provision in § 19-13A-4(a)(2): nothing in that chapter prevents the filing or granting of a protective order otherwise provided by law for persons who reside together. This section has not been amended since its 1981 enactment.
Frequently Asked Questions
Can I get a protective order and also press criminal charges in Georgia?
Nothing in the protective-order law stops a criminal case. This section says the remedies in the family violence article are not exclusive but are added to any other remedies provided by law. A protective order is a civil remedy. Whether criminal charges are filed is a decision for law enforcement and prosecutors, not for the petitioner alone.
Does getting a protective order stop me from filing for divorce in Georgia?
No. The remedies in Georgia’s family violence protective-order article are additional to any other remedies provided by law, and divorce is one of those. A protective order may address possession of the home, temporary custody and support under § 19-13-4, but it doesn’t take the place of a divorce case or bar one.
What does it mean that protective order remedies are not exclusive?
It means a protective order is one tool among several, not the only one. This section says the remedies in the family violence article are not exclusive but are additional to any other remedies provided by law. Using a protective order doesn’t waive any other remedy, and the existence of other remedies doesn’t prevent a court from granting a protective order.
Can I still sue for my injuries if I have a protective order?
This section doesn’t take away that option. It says the remedies in the family violence article are additional to any other remedies provided by law. Whether a lawsuit for injuries is available, and on what terms, depends on other Georgia law, not on this section.
Can I get both a family violence order and a dating violence order in Georgia?
Which order fits depends on your relationship with the other person. This section says family violence remedies are additional to other remedies. The dating violence chapter adds, in § 19-13A-4(a)(2), that nothing in it prevents the filing or granting of a protective order otherwise provided by law for persons who reside together. A judge decides what relief is proper in each case.
Amendment History
Laws 1981, p. 880, § 5.