The Georgia Petition for Family Violence Protective Order is the sworn court document a victim of abuse files in Superior Court under O.C.G.A. § 19-13-3 to ask a judge for an emergency Temporary Protective Order (TPO) that can remove an abuser from the home, grant temporary custody, and ban firearm possession. The form follows the statewide template adopted under Uniform Superior Court Rule 24.6 and the model petition published by the Georgia Commission on Family Violence, with a current revision date of January 1, 2024 on most county dockets.
Filing this petition is free under O.C.G.A. § 19-13-3(c), and Georgia courts process roughly 30,000 family violence petitions every year, with the Georgia Coalition Against Domestic Violence reporting that nearly 40% of pro se petitions are dismissed or denied because of fillable-field errors, missing narratives, or service problems. This guide walks you through every box on the petition, line by line, in plain English so your order is granted on the first try.
Here is what you will learn in this guide:
- 📝 How to complete every numbered paragraph of the Georgia family violence petition without triggering a dismissal
- 🛡️ Which acts of abuse legally qualify under O.C.G.A. § 19-13-1 and how to describe them in the narrative box
- 👶 How to request temporary custody, child support, and exclusive use of the home in the right paragraphs
- 🔫 How the firearm surrender section interacts with the federal Brady Act gun ban
- 📅 How the 30-day hearing deadline, the 12-month order length, and the after-hours filing options at the police station work in practice
If you are in immediate danger, call 911 or the National Domestic Violence Hotline at 1-800-799-7233 before you start filling out anything.
What the Form Is and Who Must File It
The Georgia Petition for Family Violence Protective Order, often called a TPO petition, is a verified civil complaint filed in the Superior Court of the county where the respondent (the abuser) lives. It asks a judge for an ex parte order on the same day, followed by a full hearing within 30 days. The form is required by O.C.G.A. § 19-13-3(b) and standardized by the Council of Superior Court Clerks of Georgia so that every county uses substantially the same paragraphs.
You may file this petition only if you have a qualifying relationship with the respondent. Under O.C.G.A. § 19-13-1, that means a current or former spouse, a parent of your child, a parent or stepparent, a child or stepchild, a foster parent or foster child, or any other person living or formerly living in the same household. Dating partners who never lived together do not qualify for a family violence TPO and must instead file a Stalking Protective Order petition under O.C.G.A. § 16-5-94.
The petitioner is the person seeking protection, and the respondent is the alleged abuser. A parent or legal guardian may file on behalf of a minor child, and an adult household member may file on their own behalf even if other adults in the home decline to participate. Attorneys may file for clients, but the vast majority of petitioners in Georgia file pro se, meaning without a lawyer, often with help from a domestic violence shelter advocate or a legal aid lawyer from Atlanta Legal Aid or Georgia Legal Services Program.
The form solves an urgent problem: it gives a judge the power to order the respondent out of a shared home, away from your workplace and your children’s school, and to surrender firearms, all on the day you file. Getting any required field wrong can mean the ex parte order is denied and you must wait until the full hearing to get any protection at all.
Before You Start: Documents and Information You Need
Gather the following items before you open the petition, because the clerk will not let you go back to your home or car safely once you have filed and the respondent has been served. Each item below has a direct effect on whether the judge grants your ex parte order on the spot.
- Your full legal name, date of birth, and a safe mailing address. A safe address can be a P.O. Box, a shelter, or the clerk’s address-confidentiality program; using your real home address tells the abuser exactly where you are.
- The respondent’s full legal name, date of birth, race, sex, height, weight, and home and work addresses. The sheriff cannot serve the order without a service address, and unserved orders are not enforceable.
- The exact dates and locations of the most recent acts of family violence. Judges look for specificity, and vague phrases like he hurt me last month often draw a denial of the ex parte request.
- Police incident report numbers, if any. Reports from the Georgia Bureau of Investigation or local police corroborate your sworn allegations.
- Photographs of injuries, property damage, threatening text messages, voicemails, or social media posts. You may attach copies as exhibits so the judge sees evidence beyond your words.
- Medical records or discharge papers from any emergency room visits. These records anchor the timeline and the severity of the abuse.
- The names, dates of birth, and current school of any minor children you share with the respondent. Custody and visitation requests cannot be granted without this information.
- A list of firearms you know the respondent owns, including make, model, and location if known. The firearm surrender paragraph relies on this list under 18 U.S.C. § 922(g)(8).
- Any prior or pending court orders involving you and the respondent. Existing divorce, custody, or criminal cases must be disclosed under USCR 24.6 to avoid conflicting orders.
- A government-issued photo ID. The clerk verifies your identity before the verification page is notarized.
If any item above is missing, fill out the petition with what you have and tell the judge in the narrative paragraph what you could not gather safely. Judges in Georgia routinely grant ex parte relief on incomplete information when the petitioner explains the safety reason for the gap.
Where to Get the Form and How to Access It
The petition is available three ways. The fastest is the statewide fillable PDF hosted by the Georgia Commission on Family Violence forms page, which mirrors the model petition adopted by the Judicial Council of Georgia. Each county clerk also keeps printed packets at the courthouse, usually at a dedicated TPO window in the Superior Court Clerk’s office.
The second source is your county’s official site. For example, Fulton County Superior Court keeps a TPO packet on its self-help page, DeKalb County Superior Court maintains a dedicated TPO division on the third floor of the courthouse, and Cobb County Superior Court publishes its own checklist. County packets sometimes add a cover sheet, an information sheet for the sheriff, and an acknowledgment of confidentiality that the statewide form does not include.
The third source is a domestic violence shelter or legal aid office. Advocates at shelters certified by the Georgia Coalition Against Domestic Violence keep stacked packets, will sit with you while you fill them out, and often drive petitioners to the courthouse. The Partnership Against Domestic Violence in metro Atlanta and the Liberty House of Albany downstate are two examples that file dozens of petitions every week.
After-hours filing is available through any Georgia law enforcement agency under O.C.G.A. § 19-13-3(b). If the courthouse is closed, an officer can call a duty judge by phone, take your sworn statement, and obtain an ex parte order that is valid until the next business day, when you must appear at the clerk’s office to file the formal written petition.
Step-by-Step: How to Fill Out the Georgia Petition for Family Violence Protective Order Line by Line
The petition is laid out in a caption, eleven numbered paragraphs, a relief request section, a verification page, and an attached ex parte order. Each subsection below mirrors the order on the statewide form revised January 1, 2024. Numbering is taken verbatim from the official petition.
Caption: Court, County, and Civil Action File Number
The caption is the top block of page 1. It identifies the court, the county, and leaves a blank for the civil action file number that the clerk assigns when you file.
In plain English, this section asks which Superior Court is hearing your case. Write the name of the county where the respondent lives, in all capitals, on the line that reads IN THE SUPERIOR COURT OF __________ COUNTY, STATE OF GEORGIA. Leave the Civil Action File No. line blank because the clerk stamps it after you submit.
For example, Maria Lopez files in Gwinnett County because her husband lives in Lawrenceville, so she writes GWINNETT on the county line and leaves the file number blank. A common edge case arises when the respondent has moved recently; you must use the county where the respondent lives now, not where the abuse happened, unless you are using the rule in O.C.G.A. § 19-13-2 that allows filing in the county where the petitioner has fled if the respondent’s location is unknown.
The most common mistake here is filing in the wrong county, which causes the clerk to reject the petition or the judge to dismiss for lack of venue, and you must start over in the correct county. A widespread misconception is that you can file anywhere in Georgia for convenience; venue is jurisdictional in TPO cases, and a wrong-county filing wastes a full day during which you remain unprotected.
Paragraph 1: Petitioner’s Identifying Information
Paragraph 1 asks for your full legal name, your age, and a safe address where the court and sheriff can reach you. The form reads Petitioner is _____, who is ____ years of age, and resides at _____.
To answer, print your name exactly as it appears on your driver’s license or state ID, in upper and lowercase. Enter your age as a whole number. For the address, write a P.O. Box, a shelter address, or your attorney’s address. Do not write your real home address if you fear the respondent will see the petition.
For example, Janelle Carter writes Janelle M. Carter, 34, c/o Partnership Against Domestic Violence, P.O. Box 170225, Atlanta, GA 30317. A common edge case is a petitioner who has just left the home and has no new address; in that situation, write address withheld for safety pursuant to O.C.G.A. § 19-13-3.1 and ask the clerk for the address-confidentiality form.
The most common mistake is writing the home address that is shared with the respondent, which arrives at that house when the respondent is served and tells the abuser exactly where to find you. A frequent misconception is that the address has to match your driver’s license; under O.C.G.A. § 19-13-3.1, you may use any address where you actually receive mail safely.
Paragraph 2: Respondent’s Identifying Information
Paragraph 2 asks for the respondent’s full name, age, race, sex, and home and work addresses. The line reads Respondent is _____, who is ____ years of age, and resides at _____, and may be served at _____.
Print the respondent’s full legal name, including middle name if you know it. Add the date of birth, race, sex, height, and weight in the lines or boxes provided so the sheriff’s deputy can identify the right person. For service, give the most reliable address: home, work, a relative’s house, or a regular hangout.
For example, Maria Lopez writes Carlos A. Lopez, DOB 07/12/1985, Hispanic male, 5‘10”, 190 lbs, residing at 412 Sweetwater Road, Lawrenceville, GA 30044, served at same or at AutoZone, 1500 Pleasant Hill Road, Duluth, GA 30096. An edge case arises when the respondent is homeless or you do not know the address; write whereabouts unknown and list every place you think the sheriff might find them, including a parent’s house or a job site.
The most common mistake is leaving the service address blank because you do not want the respondent to know you filed, but without an address the sheriff cannot serve the order, and an unserved order is unenforceable. A misconception is that listing a workplace will get the respondent fired; the deputy serves discreetly under Georgia sheriff’s office service policies, and most employers never see the paperwork.
Paragraph 3: Relationship Between the Parties
Paragraph 3 lists the qualifying relationships under O.C.G.A. § 19-13-1 with checkboxes. You must check at least one box for the petition to fit the family violence statute.
Read each box carefully and check every one that applies: current spouse, former spouse, parents of the same child, parents, stepparents, foster parents, children, stepchildren, foster children, other persons living or formerly living in the same household. If two boxes apply, check both, because that strengthens the jurisdictional finding.
For example, Aisha Brown checks parents of the same child and other persons formerly living in the same household because she and the respondent share a 4-year-old daughter and lived together until last month. A nuance arises with same-sex partners who lived together; the statute is gender-neutral, and household member covers them under Pavlovic v. Pavlovic, 286 Ga. 7 and later cases.
The most common mistake is checking dating partner on county-specific forms that include that line, because dating partners who never shared a household do not qualify for a family violence TPO and must use a stalking petition instead. The big misconception is that a long-term romantic relationship is enough; Georgia requires either marriage, a shared child, or a shared household for family violence jurisdiction.
Paragraph 4: Acts of Family Violence (The Narrative Box)
Paragraph 4 is the heart of the petition. The form reads Respondent has committed the following acts of family violence against Petitioner: followed by a large blank box.
Write a chronological list of specific acts. Use dates, locations, and direct verbs. Cover the most recent incident first, then prior incidents, and end with any current threats. Stay factual and avoid characterizations like he is a monster. Acts that qualify under O.C.G.A. § 19-13-1 include felony or misdemeanor battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass.
For example, Janelle Carter writes: On May 18, 2026, at our home at 980 Boulevard SE, Atlanta, Respondent grabbed me by the throat and slammed me against the kitchen wall after I asked him to leave. I could not breathe for several seconds. Atlanta Police Report 26-145-1102 was filed. On April 30, 2026, Respondent punched the bedroom door and broke the frame, then said, “Next time it’s your face.” On March 12, 2026, Respondent followed me to my mother’s house at 2:00 a.m. and pounded on the windows for 20 minutes. An edge case is sexual violence; write it plainly, because O.C.G.A. § 19-13-1 includes any felony, and shielding the language can leave the judge unsure whether to grant ex parte relief.
The most common mistake is writing one short sentence such as he abused me, which gives the judge nothing to anchor an ex parte finding and almost always draws denial of same-day relief. The misconception is that the judge will read between the lines; judges decide on the four corners of the petition, and what is not written is not considered.
Paragraph 5: Prior or Pending Court Cases
Paragraph 5 asks whether you and the respondent have any other pending or prior cases. The form reads The following actions involving the parties are pending or have been concluded:
List every divorce, custody, child support, criminal, juvenile, or prior protective order case by court, county, case number, and current status. If there are none, write None known.
For example, Maria Lopez writes Lopez v. Lopez, Gwinnett Superior Court Civil Action 24-A-12345, divorce pending, filed January 8, 2024. An edge case is a sealed juvenile case involving the children; you must still disclose its existence, even if you cannot share the case number, so the judge does not enter conflicting custody language.
The most common mistake is hiding a pending divorce because you fear the family violence judge will defer to the divorce judge; under USCR 24.6, the judge can still issue a TPO that controls until the divorce is resolved, but failing to disclose can lead to a contempt finding. A misconception is that minor traffic cases must be listed; only cases between you and the respondent count.
Paragraph 6: Children of the Parties
Paragraph 6 asks for each minor child’s name, date of birth, and current residence. Fill in one row per child.
For example, Aisha Brown writes Zora N. Brown, DOB 06/04/2022, residing with Petitioner at confidential address. An edge case is a child the respondent claims but is not biologically theirs; list the child as a child of the household and explain in paragraph 4 if relevant.
The most common mistake is leaving this paragraph blank when there are children, which costs you the chance for temporary custody and child support in the ex parte order. The misconception is that you must have a paternity test before listing a child; the petition uses the legal parentage that exists today, even if a paternity case is pending.
Paragraph 7: Request for Relief
Paragraph 7 contains a long checklist of every form of relief Georgia judges can order under O.C.G.A. § 19-13-4. Check every box that you want the judge to consider.
The most common boxes are: direct Respondent to refrain from acts of family violence, grant Petitioner exclusive use of the residence, order Respondent to leave the residence, award temporary custody of the minor children to Petitioner, establish a temporary visitation schedule, order Respondent to pay temporary child support, order Respondent to pay temporary spousal support, prohibit Respondent from possessing firearms, order Respondent to attend a 24-week Family Violence Intervention Program certified by the Georgia Commission on Family Violence, and order Respondent to pay attorney’s fees and costs.
For example, Janelle Carter checks every box except spousal support because she is not married, and she writes a visitation request of supervised visitation only at SafePath Children’s Advocacy Center, 2 hours every other Saturday. An edge case is a request to suspend visitation entirely; under O.C.G.A. § 19-13-4(a)(4), a judge may suspend visitation when a child has witnessed or suffered abuse, but you must check the suspend visitation box and explain why.
The most common mistake is checking only the no contact box and skipping custody, support, and the firearm ban, which leaves you protected in name but financially and physically vulnerable. The misconception is that the judge will award everything possible automatically; Georgia judges only grant what is checked and explained, and unchecked relief is waived for the ex parte order.
Paragraph 8: Firearm Surrender
Paragraph 8 asks the judge to order the respondent to surrender firearms and ammunition during the order’s life. It is tied to federal law under 18 U.S.C. § 922(g)(8) and the ATF firearm prohibition list.
List every firearm you know the respondent owns, including make, model, caliber, and storage location if known. If you do not know specifics, write unknown number of firearms believed to be stored at the residence.
For example, Maria Lopez writes Glock 19 9mm pistol, kept in nightstand of master bedroom; Remington 870 12-gauge shotgun, kept in hall closet. An edge case is a respondent with a Georgia weapons carry license; the license is suspended automatically once a 12-month order issues under O.C.G.A. § 16-11-129.
The most common mistake is leaving this paragraph blank because you do not want the respondent angered; the federal Brady prohibition still attaches when the order issues after notice and a hearing, but only the explicit surrender order forces the respondent to physically turn weapons over to a sheriff. The misconception is that this paragraph violates the Second Amendment; the U.S. Supreme Court upheld the federal ban in United States v. Rahimi, 602 U.S. ___ (2024).
Paragraph 9: Verification
Paragraph 9 is the verification block above your signature. The form reads I, _____, swear under penalty of perjury that the foregoing is true and correct.
Sign your full legal name in front of a notary or the clerk acting as a notary. Print your name and the date underneath. The clerk will stamp the page with the official seal at no charge.
For example, Aisha Brown signs Aisha N. Brown on the signature line, prints Aisha Nicole Brown below, and dates it 05/24/2026. An edge case is a petitioner with a disability who cannot sign; under O.C.G.A. § 24-9-122, a witness may sign on the petitioner’s behalf with a notarized statement.
The most common mistake is signing before the notary watches; an unwitnessed signature voids the verification and the clerk will refuse the filing. The misconception is that you can have the petition notarized at a UPS store; the clerk’s office notarizes TPO petitions free of charge, and outside notaries sometimes get the form wrong.
Paragraph 10: Request for Ex Parte Relief
Paragraph 10 asks the judge to grant emergency relief before the respondent is notified. The form reads Petitioner requests that this Court issue an ex parte order granting the relief requested above pending a full hearing.
Check the box and add a one-line statement of why immediate relief is needed, such as Respondent threatened to kill Petitioner on May 22, 2026, and is known to carry a firearm.
For example, Janelle Carter writes Petitioner reasonably fears imminent serious bodily harm because Respondent stated he would “finish what he started” on May 22, 2026. An edge case is when there is no recent threat but a long pattern of abuse; cite the most recent acts and the cumulative pattern under Pilcher v. Stribling, 282 Ga. 166.
The most common mistake is skipping this paragraph and only requesting a hearing, which leaves you unprotected for up to 30 days while the respondent learns of the case. The misconception is that ex parte relief is automatic if you check the box; the judge must still find immediate and present danger under O.C.G.A. § 19-13-3(b).
Paragraph 11: Prayer for Relief
Paragraph 11 closes the petition with a Wherefore clause asking the court to grant all relief checked in paragraph 7 and any other relief the court deems just. You do not need to add anything; sign and date below.
For example, the form reads Wherefore, Petitioner prays this Court grant the relief requested and any further relief deemed just and proper. An edge case is wanting relief not on the form, such as pet protection; Georgia law in O.C.G.A. § 19-13-4(a)(11) lets judges include companion animals, so add and protection of household pets, specifically a 4-year-old Labrador named Bingo in the blank space.
The most common mistake is rewriting paragraph 11 in your own words and accidentally limiting the relief; leave the printed language alone. The misconception is that paragraph 11 replaces paragraph 7; it merely confirms the prior checked boxes.
Attached Ex Parte Order
The petition packet usually includes a blank ex parte order for the judge’s signature. Fill in your name and the respondent’s name at the top, leave the findings and order portions blank, and bring it with the petition. The judge will fill in or strike portions before signing.
A common edge case is a county that uses an internal docket order instead of the form copy; ask the clerk which version applies. The most common mistake is filling in the findings yourself, which can void the order. The misconception is that the order is part of the petition; it is a separate document that travels with the petition until signed.
Three Filled-Out Examples Using Real Scenarios
Below are three named filers, each walking through the petition with the entries they make. All three petitions are filed in 2026 in Georgia Superior Courts.
Scenario 1: Maria Lopez, Married Spouse with Children Seeking Removal
Maria is married to Carlos, lives with him and their two children in Gwinnett County, and was choked on May 18, 2026.
| Form Section | What Maria Enters |
|---|---|
| Caption County | GWINNETT |
| Paragraph 1 (Petitioner) | Maria E. Lopez, 32, c/o Partnership Against Domestic Violence, P.O. Box 170225, Atlanta, GA 30317 |
| Paragraph 2 (Respondent) | Carlos A. Lopez, DOB 07/12/1985, Hispanic male, 5‘10”, 190 lbs, 412 Sweetwater Rd, Lawrenceville, GA 30044 |
| Paragraph 3 (Relationship) | Current spouse and parents of same child |
| Paragraph 4 (Acts) | 05/18/2026 choking incident, GCPD report 26-051-2210; 04/02/2026 punch to face; 02/14/2026 threat with kitchen knife |
| Paragraph 6 (Children) | Sofia Lopez, DOB 09/03/2018; Mateo Lopez, DOB 11/22/2020 |
| Paragraph 7 (Relief) | No contact, exclusive use of home, temp custody, supervised visitation, child support, firearm surrender, FVIP |
| Paragraph 8 (Firearms) | Glock 19 9mm; Remington 870 shotgun, both in master bedroom |
| Paragraph 10 (Ex Parte) | Imminent danger: Respondent stated “next time you won’t wake up” on 05/18/2026 |
Scenario 2: Janelle Carter, Unmarried Mother of Shared Child
Janelle has a 4-year-old daughter with her ex-boyfriend Marcus and lived with him in Fulton County until April 2026.
| Form Section | What Janelle Enters |
|---|---|
| Caption County | FULTON |
| Paragraph 1 (Petitioner) | Janelle M. Carter, 28, address withheld pursuant to O.C.G.A. § 19-13-3.1 |
| Paragraph 2 (Respondent) | Marcus D. Reed, DOB 03/15/1992, Black male, 6‘1”, 220 lbs, 980 Boulevard SE, Atlanta, GA 30312, also served at Amazon Warehouse, Stonecrest |
| Paragraph 3 (Relationship) | Parents of same child and former household members |
| Paragraph 4 (Acts) | 05/22/2026 verbal death threat by phone; 04/30/2026 broke door, said “next time it’s your face”; 03/12/2026 stalked at mother’s home |
| Paragraph 6 (Children) | Zora N. Reed-Carter, DOB 06/04/2022 |
| Paragraph 7 (Relief) | No contact, temp custody, supervised visitation at SafePath, child support, firearm surrender, FVIP, attorney fees |
| Paragraph 8 (Firearms) | Unknown handgun believed kept in respondent’s vehicle |
| Paragraph 10 (Ex Parte) | Threat on 05/22/2026 that Respondent would “finish what he started” |
Scenario 3: Robert Hayes, Adult Son Seeking Protection from Father
Robert is 24, lives with his father in Cobb County, and has been beaten repeatedly during alcohol-fueled outbursts.
| Form Section | What Robert Enters |
|---|---|
| Caption County | COBB |
| Paragraph 1 (Petitioner) | Robert J. Hayes, 24, c/o liveSAFE Resources, P.O. Box 5137, Marietta, GA 30061 |
| Paragraph 2 (Respondent) | William T. Hayes, DOB 04/02/1968, white male, 5‘9”, 200 lbs, 145 Powder Springs St, Marietta, GA 30064 |
| Paragraph 3 (Relationship) | Parent and child and current household members |
| Paragraph 4 (Acts) | 05/20/2026 punched in face, ER visit at Kennestone Hospital; 04/15/2026 hit with belt buckle; 03/01/2026 threatened with rifle |
| Paragraph 6 (Children) | None |
| Paragraph 7 (Relief) | No contact, exclusive use of home, firearm surrender, FVIP |
| Paragraph 8 (Firearms) | Ruger 10/22 rifle in hall closet; Smith & Wesson revolver in bedroom safe |
| Paragraph 10 (Ex Parte) | Respondent has access to firearms and threatened to “shoot you next time” |
How to File the Completed Form
Filing has four channels in Georgia, and the right one depends on the time of day and your safety needs.
In person at the Superior Court Clerk’s office. Take the original petition, two copies, and your photo ID to the clerk in the county where the respondent lives. The fee is $0 under O.C.G.A. § 19-13-3(c). The clerk stamps the petition, takes it to the duty judge, and usually returns within 1 to 2 hours with a signed ex parte order. Keep the file-stamped copy; that is your proof of filing. The Fulton clerk’s office sits at 136 Pryor Street SW, Atlanta, GA 30303, and similar TPO windows operate in every Georgia county courthouse.
Through the Odyssey or PeachCourt e-filing portals. Some counties accept TPO petitions electronically through PeachCourt or Tyler Odyssey. Upload the signed PDF, complete the case-initiation cover sheet, and select Family Violence Petition as the case type. Processing time still depends on the duty judge’s availability, usually same day if filed before 3:00 p.m. The system emails you a stamped copy as proof.
By mail. Mail is permitted but disfavored for emergencies. Send the original petition with a self-addressed stamped envelope to the Superior Court Clerk’s office in the respondent’s county. Processing time is 3 to 7 days, which is too long for active danger. Keep the certified-mail receipt as proof of filing.
After-hours through law enforcement. If the courthouse is closed, go to any police or sheriff’s office. The officer calls a duty judge who can issue an ex parte order by phone under O.C.G.A. § 19-13-3(b). The order is valid until the next business day, when you must appear at the clerk’s office with the written petition. There is no fee. The officer gives you a signed copy as proof.
In every channel, the sheriff’s office in the respondent’s county serves the order at no cost under O.C.G.A. § 15-16-21. Keep two copies of the signed ex parte order with you at all times, one in your car and one with a trusted person.
What Happens After You File
Once the judge signs the ex parte order, the clerk forwards it to the sheriff for service on the respondent. The sheriff usually serves within 24 to 72 hours. Service is what makes the order enforceable; until the respondent is served, police can enforce only the parts that affect public safety, like the firearm ban entered into GCIC.
The court schedules a full hearing within 30 days under O.C.G.A. § 19-13-3(c). At that hearing, both you and the respondent appear, present evidence, and the judge decides whether to convert the ex parte order into a 12-month order, dismiss the case, or continue it. If you do not appear, the ex parte order is dissolved and the case is dismissed. If the respondent does not appear after being served, the judge typically grants the 12-month order by default.
The 12-month order can be extended for up to three years or made permanent under O.C.G.A. § 19-13-4(c) if the judge finds continuing danger. Violations are punishable as criminal contempt and can also be charged as aggravated stalking under O.C.G.A. § 16-5-91, a felony carrying 1 to 10 years in prison.
The order is automatically entered into the Georgia Protective Order Registry, which makes it enforceable statewide and across state lines under the Violence Against Women Act full-faith-and-credit provision. Bring a copy if you travel out of state, and call local police on arrival to register it.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county. The petition is dismissed and you must refile, leaving you unprotected.
- Listing your real home address in paragraph 1. The respondent receives the served petition and learns where you live.
- Writing a vague narrative in paragraph 4. The judge denies ex parte relief because there is no specific danger to anchor the finding.
- Skipping the firearm paragraph. The federal Brady ban still attaches at the 12-month hearing, but the ex parte order will not require physical surrender.
- Leaving the children paragraph blank. Temporary custody and support are waived for the ex parte order.
- Forgetting to check the ex parte box in paragraph 10. You wait up to 30 days for any protection.
- Signing the verification before the notary is watching. The clerk rejects the petition.
- Failing to disclose a pending divorce. The judge can hold you in contempt under USCR 24.6.
- Asking for relief not allowed by O.C.G.A. § 19-13-4. The judge strikes the request and may question your credibility.
- Bringing the children to court. Judges discourage this and may order them removed, costing you focus during a fast-moving hearing.
- Talking to the respondent before the hearing. Contact undermines the immediate danger finding and can lead to dismissal.
- Missing the full hearing. The ex parte order dissolves and the case is dismissed.
Dos and Don’ts
- Do bring photo ID, evidence, and at least three copies of the petition.
- Do ask the clerk for the address-confidentiality form if you have left the home.
- Do write specific dates, places, and verbs in paragraph 4 because judges decide on the four corners of the petition.
- Do list every firearm you know about because federal law makes the 12-month order a permanent ban while in effect.
- Do check every relief box that fits your situation because unchecked relief is waived for ex parte purposes.
- Do keep two copies of the order with you at all times because police rely on physical proof when GCIC is slow to update.
- Don’t include opinions or insults in the narrative because judges weight credibility heavily.
- Don’t sign the verification before a notary watches because an unwitnessed verification voids the petition.
- Don’t contact the respondent after filing because it cuts against immediate danger and triggers dismissal.
- Don’t skip the hearing because the ex parte order automatically dissolves and you start over.
- Don’t use the courthouse parking deck if you fear the respondent because Georgia courthouses have secured separate entrances for TPO filers.
- Don’t rely on a friend’s verbal account of the law because each county has small procedural quirks the Council of Superior Court Clerks tracks.
Pros and Cons of Filing on Your Own vs. With Help
Filing pro se is valid in Georgia, but a domestic violence advocate or attorney often improves the outcome.
Pros of filing pro se.
- Free. No attorney fees and the filing fee is waived.
- Fast. You can walk into the clerk’s office today and have an ex parte order this afternoon.
- Private. Fewer people know your story.
- Empowering. You retain full control of the narrative.
- Accessible. No need to find a lawyer who takes TPO cases.
Cons of filing pro se.
- Higher denial rate. GCADV reports nearly 40% of pro se petitions are dismissed at the ex parte stage.
- Procedural pitfalls. Wrong county, wrong relationship box, or weak narrative can sink the case.
- No cross-examination training. At the full hearing, the respondent’s lawyer can outmaneuver you.
- Emotional load. Telling the story alone in open court is hard.
- Custody complexity. Combining custody and support into a TPO without legal guidance can create gaps later in divorce.
Pros of filing with help.
- Higher grant rate. Advocates know which boxes and phrases work.
- Safety planning. Shelters add lock changes, school notifications, and relocation.
- Court accompaniment. You are not alone at the hearing.
- Evidence handling. Lawyers know how to admit text messages and photos.
- Aftercare. Legal aid groups follow up at the 12-month renewal.
Cons of filing with help.
- Wait time. Some legal aid offices have intake delays.
- Limited capacity. Free attorneys may decline complex cases.
- Confidentiality with multiple staff. More people know.
- Style differences. You may not love your advocate’s drafting choices.
- Possible cost. Some private attorneys charge for TPOs.
Family Violence Petition vs. Stalking Petition
| Feature | Family Violence Petition | Stalking Petition |
|---|---|---|
| Statute | O.C.G.A. § 19-13-1 | O.C.G.A. § 16-5-94 |
| Required relationship | Spouse, parent of shared child, household member | None required |
| Filing fee | $0 | $0 |
| Court | Superior Court | Superior Court |
| Standard order length | 12 months, extendable to permanent | 12 months, extendable to permanent |
| Firearm ban | Yes, federal and state | Yes, federal and state |
Key Entities You Should Know
The Georgia Commission on Family Violence sets policy, certifies Family Violence Intervention Programs, and publishes the model petition. The Council of Superior Court Clerks of Georgia maintains the statewide forms and the Georgia Protective Order Registry. The Georgia Bureau of Investigation runs GCIC, the database that lets every Georgia officer enforce your order. The Georgia Coalition Against Domestic Violence coordinates the state’s certified shelters. Legal help comes from Georgia Legal Services Program, Atlanta Legal Aid, and Georgia Legal Aid.
Recap of Key Rulings
The Georgia Supreme Court in Pilcher v. Stribling, 282 Ga. 166 (2007) confirmed that a pattern of conduct, even without a single recent assault, can support a TPO. In Lewis v. Lewis, 316 Ga. App. 67, the Court of Appeals reversed a denial where the petition pleaded specific verbal threats with dates, reinforcing that paragraph 4 detail matters. The U.S. Supreme Court in United States v. Rahimi, 602 U.S. ___ (2024) upheld the federal firearm ban for respondents under qualifying protective orders, putting paragraph 8 on solid constitutional ground.
FAQs
Do I have to pay a filing fee for a Georgia family violence petition?
No. Filing is free under O.C.G.A. § 19-13-3(c), and the sheriff serves the order at no cost. You also pay nothing if the ex parte order is denied.
Can I file if my abuser and I are only dating and never lived together?
No. A family violence TPO requires marriage, a shared child, or a shared household. Dating-only partners must use a stalking petition under O.C.G.A. § 16-5-94 in Superior Court instead.
Do I write my maiden name or my married name in paragraph 1?
Yes, use the name on your current government ID. If you go by both, write the legal name first and add also known as with the other name to avoid identity disputes during service.
Do I have to give my real home address in paragraph 1?
No. O.C.G.A. § 19-13-3.1 lets you list a P.O. Box, a shelter, or address withheld for safety. Using your real address tells the respondent where to find you.
Should I check every box in paragraph 7 just to be safe?
No. Check only relief that fits your facts. Over-checking can hurt credibility, but failing to check what applies waives that relief at the ex parte stage.
Do I list firearms in paragraph 8 if I am not 100% sure my abuser owns them?
Yes. Write unknown firearms believed to be in the residence. Judges accept good-faith descriptions, and the federal Brady ban under 18 U.S.C. § 922(g)(8) attaches even without specifics.
Can I file the petition online from home?
Yes, in counties that use PeachCourt or Tyler Odyssey. Upload the signed PDF and select Family Violence Petition. Processing is same day if filed before 3:00 p.m.; otherwise next business day.
How long does the ex parte order last?
Yes, until the full hearing, which the court must hold within 30 days under O.C.G.A. § 19-13-3(c). If the hearing is continued, the ex parte order continues until the new date.
Will my abuser get the petition with my new address on it?
No, if you used a P.O. Box or address withheld in paragraph 1. The served packet contains only what you wrote. Always double-check the petition before filing.
Can I drop the petition later if we reconcile?
Yes, by filing a motion to dismiss with the same Superior Court. The judge holds a brief hearing to confirm the dismissal is voluntary and not the product of coercion.
Does the order work in other states if I move?
Yes, under the federal Violence Against Women Act full-faith-and-credit provision. Carry a copy and notify local police in the new state to enter the order in their database.
Can the respondent get a gun back during the order?
No. Under 18 U.S.C. § 922(g)(8) and O.C.G.A. § 16-11-129, possession is illegal while a qualifying order is in effect, and any state weapons carry license is suspended automatically.
Do I need a lawyer to file?
No, Georgia welcomes pro se petitioners. Free help is available from the Georgia Legal Services Program, Atlanta Legal Aid, and the Partnership Against Domestic Violence hotline at 404-873-1766.
What if my abuser violates the order?
Yes, call 911 immediately. Violations are criminal contempt and can be charged as aggravated stalking under O.C.G.A. § 16-5-91, a felony with 1 to 10 years in prison.
Can I include my pets in the order?
Yes. O.C.G.A. § 19-13-4(a)(11) lets the judge order protection of household pets. Add the animal’s name, species, and age in paragraph 11 or in the relief section.
Related reading
- How to Fill Out Florida Form 12.980(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.980(c)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form CR2E098 (w/Examples) + FAQs
- How to Fill Out New York Family Court Petition – Family Offense (w/Examples) + FAQs
- How to Fill Out Illinois Petition for Order of Protection + FAQs
- How to Fill Out Georgia Complaint for Divorce (w/Examples) + FAQs
- How to Fill Out California Form DV-100 (w/Examples) + FAQs