Attorney Ned Ogueri
Georgia Family Violence Protective Order Lawyer
If you are in immediate danger, call 911. Georgia’s statewide domestic violence hotline is available 24 hours a day at 1-800-33-HAVEN (1-800-334-2836).
A family violence protective order is a civil court order that can protect a person from a family or household member. As a Georgia protective order lawyer serving Gwinnett County and metro Atlanta from Norcross, Attorney Ned Ogueri represents petitioners seeking protection and respondents answering a petition.
How long does a protective order last in Georgia?
A temporary ex parte order generally lasts until the hearing, which is usually held within 30 days. After a hearing, a family violence protective order can last up to one year, and the court may later convert it to an order lasting up to three years or to a permanent order.
Where do I file for a protective order in Gwinnett County?
A family violence petition is generally filed in the superior court of the county where the respondent lives. If the respondent lives in Gwinnett County, that is the Superior Court of Gwinnett County at 75 Langley Drive, Lawrenceville. Different rules apply if the respondent lives outside Georgia.
What counts as family violence
Under O.C.G.A. § 19-13-1, family violence includes acts such as any felony, battery, simple battery, assault, simple assault, stalking, criminal damage to property, unlawful restraint and criminal trespass when committed between family or household members. Qualifying relationships include past or present spouses, parents of the same child, parents and children, stepparents and stepchildren, and other persons living or formerly living in the same household.
Temporary ex parte orders
A judge may issue a temporary ex parte order based on the petition, without first hearing from the other party. A hearing is generally held within 30 days.
Final protective orders
After a hearing at which both sides may present evidence, the court may issue a protective order lasting up to one year. The court may later convert an order to one lasting up to three years or to a permanent order.
What an order can address
Depending on the facts, an order may direct the respondent to stay away from and not contact the petitioner, address temporary custody and support, and address possession of the residence. Violating a protective order can lead to arrest.
If you have been served with a petition
A protective order can affect custody, housing, firearm possession, employment and immigration status. Read the order immediately, comply with it and seek legal advice before the hearing.
Preparing for the hearing
- Photographs, messages, voicemails and social media posts
- Police reports and medical records
- Names of witnesses
- Any existing custody or divorce orders
Related guides: Georgia child custody.
Learn more about Gwinnett County divorce and family law lawyer, or call (770) 840-9098 to request a consultation with Attorney Ned Ogueri.
This page provides general information about Georgia law. It is not legal advice for your situation, and contacting the office does not create an attorney-client relationship.