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How to file Georgia Family Violence Protective order?

HomeFamily GeorgiaHow to file Georgia Family Violence Protective order?

If a family or household member harm you or even tries to do so, with or without a weapon, or you get a hint that they are an injured person to you shortly, then that person has committed an act of family violence, and you can file a case against them.

You must have a particular relation with the abuser to file a case under this act.

Family members may be your present or past spouse, parents of the same child, parents, children, stepparents, and stepparents, foster parents and foster children, or other people living with you as your family member.

The family violence protective order allows people to represent themselves in court to get a protective order.

If you have kids and file for custody and support, the case will be more complicated. Therefore, you should always opt for an attorney in this case.

Steps for getting a family violence protective order

1. Get the needed forms and fill them:

You are eligible to file a family violence protective order in the superior court in the same country where the abuser lives.

While going for the filing petition, remember to bring some id proof like a driving license.

2. Get an ex parte temporary family violence protective order:

Ex Parte

If your case is urgent and you are in danger, you can opt for an ex parte family violence protective order while filling the petition.

Domestic violence organizations often help people get through the ex parte process.

3. Service of process:

If the judge gives you a temporary ex parte order to file it, you need to bring it to the clerk’s office.

Again, it depends on the country you are in living.

Sometimes you need to go to the sheriff and fill the form so that the officer can use those papers on the abuser.

If so, you need to fill in all the required information about the abuser like name, address, number, workplace, working hours, etc.

Sometimes all these formalities are done by the clerk where you need to go and fill out the form, and then the clerk will send that form and copy of the petition and temporary ex parte order to the sheriff for service on the respondent.

4. The hearing:

Whether you give the temporary ex parte order or not, you will provide 30 days’ notice to determine if you will issue a final family violence protective order.

Will hold the hearing in front of the judge.

You and the abuser need to present before the judge and can provide evidence and testimonies. 



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