§ 19-13A-4.Required findings of fact; authority of court

Chapter 13A. Dating Violence Protective Orders · Last amended 2025 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-13A-4 requires a Georgia court to make findings of fact on the dating relationship before granting a dating-violence protective order, lists what the order may do, limits mutual orders, and sets the order’s length and statewide effect.

Full Text of § 19-13A-4

Text sizeJump to: (a) (b) (c) (d) (e)

(a)

(1) In order to determine if a protective order alleging dating violence shall be granted, the court shall provide findings of fact establishing that:

(A) There is a committed romantic relationship between the parties that is not associated with mere friendship or ordinary business, social, or educational fraternization;

(B) Factors exist which corroborate the dating relationship;

(D) The length of the relationship between the parties is indicative of a dating relationship;

(E) The nature and frequency of the parties' interactions, including communications, indicate the parties intended to be in a dating relationship;

(F) The parties by statement or conduct demonstrated an affirmation of their relationship to others; or

(G) Both parties have acknowledged the dating relationship.

(2) Nothing in this chapter shall be construed as preventing the filing or granting of a protective order otherwise provided for under law for persons who reside together.

(b) The court may, upon the filing of a verified petition and as provided in subsection (a) of this Code section, grant any protective order or approve any consent agreement to bring about a cessation of acts of dating violence. The court shall not have the authority to issue or approve mutual protective orders concerning paragraph (1), (3), or (5) of this subsection, or any combination thereof, unless the respondent has filed a verified petition as a counter petition pursuant to Code Section 19-13A-3 no later than three days prior to the hearing and the provisions of Code Section 19-13A-3 have been satisfied. The orders or agreements may:

(1) Direct the respondent to refrain from such acts;

(2)

(A) Provide for possession of personal property of the parties, including the care, custody, and control of any animal owned, possessed, kept, or held as a household pet by either party or by a minor child living in the household or residence of either party. As used in this paragraph, the term “household pet” means an animal kept for human companionship and enjoyment or an animal which is owned or possessed by either party or by a minor child living in the household or residence of either party. Such term shall not include livestock, laboratory animals, working animals, sport animals, or any other animal which is kept for a commercial purpose or for consumption.

(B) Order the respondent to refrain from doing any of the following with respect to any animal owned, possessed, kept, or held as a household pet:

(i) Harassing or harming such household pet;

(ii) Taking, transferring, encumbering, or concealing such household pet; and

(iii) Engaging in any conduct that would be a violation of Code Section 16-12-4;

(3) Order the respondent to refrain from harassing or interfering with the petitioner;

(4) Award costs and attorney's fees to either party; and

(5) Order the respondent to receive appropriate psychiatric, psychological, or educational services as a further measure to prevent the recurrence of dating violence.

(c) A copy of the order shall be issued by the clerk of the superior court to the sheriff of the county wherein the order was entered and shall be retained by the sheriff as long as that order shall remain in effect.

(d) Any order granted under this Code section shall remain in effect for up to one year; provided, however, that upon the motion of a petitioner and notice to the respondent and after a hearing, the court in its discretion may convert a temporary order granted under this Code section to an order effective for not more than three years or to a permanent order.

(e) A protective order issued pursuant to this Code section shall apply and shall be effective throughout this state. It shall be the duty of every superior court and of every sheriff, every deputy sheriff, and every state, county, or municipal law enforcement officer within this state to enforce and carry out the terms of any valid protective order issued by any court under the provisions of this Code section.

End

Plain-English Summary

This is the heart of Chapter 13A. Before deciding whether to grant a dating-violence protective order, the court must make findings of fact about the relationship. The section lists seven, joined by “or”: a committed romantic relationship beyond friendship or ordinary business, social or educational fraternization; factors that corroborate the dating relationship; interpersonal bonding above casual fraternization; a length of relationship that points to dating; interactions and communications whose nature and frequency show the parties intended to date; statements or conduct affirming the relationship to others; or both parties acknowledging it. The chapter doesn’t stop anyone who lives with the respondent from seeking an order under other law, such as the family-violence statutes.

On a verified petition, the court may grant any protective order or approve any consent agreement to stop dating violence. The order may direct the respondent to refrain from such acts; decide possession of personal property, including household pets, and forbid the respondent from harassing, harming, taking, transferring, encumbering or concealing a pet or committing animal cruelty under § 16-12-4; order the respondent to stop harassing or interfering with the petitioner; award costs and attorney’s fees to either party; and order the respondent to receive psychiatric, psychological or educational services. Livestock, lab, working and sport animals, and animals kept for a commercial purpose or for consumption, are not household pets. Unlike § 19-13-4, the list doesn’t include custody, support or possession of a home.

The court may not issue a mutual order on refraining from violence, harassment or required services unless the respondent filed a verified counter petition under § 19-13A-3 no later than three days before the hearing and that section’s requirements are met.

The clerk sends a copy to the county sheriff, who keeps it while it is in effect. An order lasts up to one year. On the petitioner’s motion, with notice and a hearing, the court may in its discretion convert a temporary order to one lasting not more than three years, or to a permanent order. Orders are effective throughout Georgia, and every superior court, sheriff, deputy and state, county or municipal officer must enforce them. The section was last amended in 2025.

Frequently Asked Questions

How long does a dating violence protective order last in Georgia?

Up to one year. On the petitioner’s motion, after notice to the respondent and a hearing, the court may in its discretion convert a temporary order into one lasting not more than three years, or into a permanent order. Without that conversion, the order ends when its term runs out.

What can a dating violence protective order do in Georgia?

It may order the respondent to stop acts of dating violence and to stop harassing or interfering with the petitioner; decide who keeps personal property, including household pets; bar the respondent from harming, taking or hiding a pet; award costs and attorney’s fees to either party; and order the respondent to get psychiatric, psychological or educational services. It doesn’t cover custody, support or a shared home.

How does a Georgia judge decide whether we were dating?

The court must make findings of fact on the relationship. The section lists seven, joined by “or,” including a committed romantic relationship beyond friendship, corroborating factors, interpersonal bonding, the relationship’s length, the nature and frequency of interactions, public affirmation of the relationship, and both parties acknowledging it. How the evidence weighs is up to the judge.

Can both people get a protective order against each other in a Georgia dating case?

Only in limited cases. The court can’t issue mutual orders on refraining from dating violence, refraining from harassment, or psychiatric, psychological or educational services unless the respondent filed a verified counter petition under § 19-13A-3 no later than three days before the hearing and that section’s requirements were met.

Does a dating violence protective order work everywhere in Georgia?

Yes. It applies throughout the state. 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 clerk also sends a copy to the sheriff of the county where it was entered, who keeps it while it remains in effect.

Amendment History

Laws 2021, Act 273, § 2, eff. July 1, 2021; Laws 2025, Act 189, § 2, eff. July 1, 2025.

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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