Restraining and protective orders in Georgia — lawyer

A restraining order is issued by the police for up to 1 month and takes effect immediately. A protective order is issued by a court for up to 9 months; if the threat continues, it can be extended by no more than 3 months. An order can bar the abuser from the shared home, from approaching the victim, or from using weapons, or impose electronic monitoring.

An order can be requested by the victim, a family member, or — with the victim's consent — a social worker or someone helping the victim. The police can also issue a restraining order on their own initiative. Breaching an order is a crime (Article 381¹).

The key rules

• Restraining order — police, up to 1 month; it can be appealed within 3 days of receipt
• Protective order — court, up to 9 months; extension — no more than 3 months more
• After reconciliation an order can be cancelled on a joint application — if there is no longer a threat
• A protective order requires the abuser to take a mandatory training course

Breaching an order — Article 381¹

• Breaching an order or evading electronic monitoring — a fine, 180–240 hours of community service, or up to 1 year in prison
• Repeatedly — 1 to 3 years in prison