§ 19-13A-3.Temporary relief to protect from dating violence; hearing and evidentiary standard; non-attorney assistance; delays

Chapter 13A. Dating Violence Protective Orders · Last amended 2021 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-13A-3 lets a Georgia superior court grant an emergency ex parte order against dating violence and requires a full hearing within 30 days, where the petitioner must prove the case by a preponderance of the evidence, or the petition stands dismissed unless the parties agree otherwise.

Full Text of § 19-13A-3

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(a) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that dating violence has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner from dating violence. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner and such order shall remain in effect until the court issues an order dismissing such order or a hearing as set forth in subsection (b) of this Code section occurs, whichever occurs first.

(b) Within ten days of the filing of the petition under this chapter or as soon as practical thereafter, but not later than 30 days after the filing of the petition, a hearing shall be held at which the petitioner must prove the allegations of the petition by a preponderance of the evidence as in other civil cases. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period, the same shall be scheduled and heard within any other county of that circuit. If a hearing is not held within 30 days of the filing of the petition, the petition shall stand dismissed unless the parties otherwise agree.

(c) Social service agency staff members designated by the court may explain to all petitioners not represented by counsel the procedures for filling out and filing all forms and pleadings necessary for the presentation of their petition to the court. The clerk of the court may provide forms for petitions and pleadings to petitioners and to any other person designated by the superior court pursuant to this Code section as authorized to advise petitioners on filling out and filing such petitions and pleadings. The clerk shall not be required to provide assistance to persons in completing such forms or in presenting their case to the court. Any assistance provided pursuant to this Code section shall be performed without cost to the petitioners. The performance of such assistance shall not constitute the practice of law as defined in Code Section 15-19-51.

(d) If the court finds a party is avoiding service to delay a hearing, the court may delay dismissal of the petition for an additional 30 days.

End

Plain-English Summary

A dating-violence case starts with a verified petition — one the petitioner swears is true. If the petition alleges specific facts showing probable cause that dating violence has occurred in the past and may occur in the future, the court may grant temporary relief ex parte, meaning without first hearing from the respondent, as it deems necessary to protect the petitioner. A copy of any ex parte order must go to the petitioner right away. It stays in effect until the court dismisses it or the full hearing takes place, whichever comes first.

The full hearing must be held within ten days of filing or as soon as practical after that, and no later than 30 days after filing. At the hearing the petitioner must prove the petition’s allegations by a preponderance of the evidence, the ordinary civil standard. If no hearing can be scheduled in the county where the case is pending within the 30 days, it must be 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. But if the court finds a party is avoiding service to delay the hearing, it may delay dismissal for an additional 30 days.

Subsection (c) helps people without lawyers. Social service agency staff designated by the court may explain how to fill out and file the forms. The clerk may provide the forms but doesn’t have to help complete them or present the case. Any help must be free, and it doesn’t count as the practice of law under § 15-19-51. The section has not been amended since 2021.

Frequently Asked Questions

How fast can I get a dating violence protective order in Georgia?

The court may issue a temporary ex parte order as soon as you file a verified petition alleging specific facts showing probable cause that dating violence occurred and may happen again. Whether to grant it is up to the judge. That order lasts until the full hearing or until the court dismisses it, whichever comes first.

When is the hearing on a dating violence protective order in Georgia?

Within ten days of filing or as soon as practical after that, but no later than 30 days after filing. If no hearing can be scheduled in the county within the 30 days, it is heard in another county of the same circuit. If no hearing happens within 30 days, the petition stands dismissed unless the parties agree otherwise.

What do I have to prove at a dating violence hearing in Georgia?

You must prove the allegations of your petition by a preponderance of the evidence, the same standard used in other civil cases — that your allegations are more likely true than not. The court must also make findings of fact about the dating relationship under § 19-13A-4.

What if the respondent is dodging service in a Georgia dating violence case?

If the court finds a party is avoiding service to delay the hearing, it may delay dismissal of the petition for an additional 30 days. Without that finding, a petition not heard within 30 days of filing stands dismissed unless the parties agree otherwise.

Can I get help filling out dating violence forms without a lawyer in Georgia?

Yes. Social service agency staff designated by the court may explain how to fill out and file the forms, and the clerk may hand out the forms. The clerk isn’t required to help you complete them or present your case. Any help given under this section must be free.

Amendment History

Laws 2021, Act 273, § 2, eff. July 1, 2021.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source

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