§ 19-13A-5.Exclusivity of remedy
Chapter 13A. Dating Violence Protective Orders · Last amended 2021 · Last verified October 9, 2026
Full Text of § 19-13A-5
Plain-English Summary
This one-sentence section says the remedies in the dating-violence chapter are not exclusive. They are additional to any other remedies provided by law. A person who qualifies for a dating-violence protective order under § 19-13A-4 doesn’t give up any other path to protection or compensation by seeking one.
In practice, that means a dating-violence petition can sit alongside other proceedings arising from the same events: a criminal prosecution for the underlying act, a civil suit for damages, or a different kind of protective order. Section 19-13A-4 makes the same point about one overlap, saying the chapter doesn’t prevent the filing or granting of a protective order otherwise available to persons who reside together — for example, a family-violence order under Chapter 13. Which remedy, or which combination, fits a given situation depends on the facts and on the requirements of each law.
The section doesn’t rank the remedies or say which to pursue first. It has not been amended since 2021, when the chapter was enacted.
Frequently Asked Questions
Can I press charges and also get a dating violence protective order in Georgia?
Yes. The remedies in the dating-violence chapter are not exclusive; they are additional to any other remedies provided by law. A criminal case over the same conduct can proceed alongside a protective order case, and seeking an order under § 19-13A-4 doesn’t give up the right to pursue other remedies.
Can I sue my ex for damages and get a protective order in Georgia?
This section says the dating-violence remedies are additional to any other remedies provided by law, so seeking a protective order doesn’t give up other legal claims. Whether a civil damages claim exists depends on other law and on the facts of the case.
If I live with my partner, do I file under dating violence or family violence in Georgia?
Possibly either. Section 19-13A-4 says the dating-violence chapter doesn’t prevent the filing or granting of a protective order otherwise provided by law for persons who reside together, and this section makes the chapter’s remedies additional to others. Household members may qualify under the family-violence definition in § 19-13-1.
Does a dating violence protective order replace other legal options in Georgia?
No. The section states that the chapter’s remedies are not exclusive but are additional to any other remedies provided by law. A protective order adds a tool; it doesn’t take any away. Criminal charges, civil claims and other protective orders all remain available if the law otherwise provides them.
Can I get a protective order even if the police didn’t make an arrest in Georgia?
Nothing in the dating-violence chapter makes an arrest a condition of relief. A petitioner files a verified petition under § 19-13A-3 and proves the allegations by a preponderance of the evidence at the hearing. And because this chapter’s remedies are additional to others, seeking an order doesn’t rule out a criminal case.
Amendment History
Laws 2021, Act 273, § 2, eff. July 1, 2021.