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DOMESTIC VIOLENCE AND PROTECTIVE ORDERS
ANSWERS TO COMMON QUESTIONS

Sheila Chrzan
Atlanta Legal Aid Society
Last Revised: August 2004

1. What is domestic violence?

Domestic violence is a pattern of behavior used to establish power and control over another person.  It can be physical abuse, sexual abuse, and/or emotional/psychological. 

Georgia law defines domestic violence as any felony, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass.

Georgia law also requires that the abuse occur between either parents of the same child, current spouses, past spouses, parent and child, step-parent and step-child, foster parents and foster child, or persons living or formerly lived together.

2. What is emotional or psychological abuse?

Has your partner  threatened you with physical violence?  Does your partner verbally humiliate you or put you down?  Has your partner threatened to take away your children?  Has your abuser threatened or actually destroyed your possessions?  Does you partner keep control of the money?  Does your partner belittle you accomplishments?  Does your partner blame everything on you?  Are you afraid to disagree with your partner?   Does your partner try to keep you away from your family and friends?  Has your abuser shown you articles about women who are abused and said that could be you?  Any of these can be symptoms of emotional or psychological abuse.

3. What is stalking?

Stalking is a pattern of behavior that causes a reasonable person to fear for their safety or the safety of their family.  The law defines stalking as when a person follows, places under surveillance, or contacts another person without the consent of the other person causing emotional distress by placing the other person in fear for their safety or the safety of a family member.

4. What can I do?

The first thing you should do is have a safety plan.

5. What is a safety plan?

This is a plan that you develop to help you stay safe and prepare to leave.  See SAFETY PLAN for suggestions.
 
6. What are my legal choices?

You have several legal choices.  In civil court, you can get a Domestic Violence Twelve Month Protective Order, or get a divorce, if married.  In magistrate court, you can apply for a criminal warrant or  a good behavior bond.  

7. How do I get a Domestic Violence Protective Order?

First, you have to have a relationship with the abuser and an act must have occurred that is described in paragraph 1 above.  You will have to fill out a petition telling the court what happened and what you want the court to do.  You usually file the petition in the Superior Court of the county where your abuser lives. The superior court clerk's office should have the forms.  A domestic violence shelter or victim/witness advocate should be able to help you fill out the forms. The forms are also available under the "Court Forms / Legal Forms" tab in this section of the LegalAid-GA.org web site. After you file the petition you will see a judge who may order an Ex Parte Protective Order to protect you until the hearing that the judge will schedule.  The hearing will be within 30 days of the filing of the petition and the abuser can be there and ask you questions.  You must present your evidence concerning the domestic violence.  After the judge hears all the evidence, the judge may grant a Domestic Violence Protective Order that is good for twelve months.

8. What can a Domestic Violence Protective Order do?

A Domestic Violence Protective Order can order the abuser to leave the residence and give you sole use of the residence, grant temporary custody of the children, order child support, give you temporary sole use of a vehicle, and many other things.  The Order does not transfer title it only gives you sole use for a period of time.  It is to help keep you safe.

9. My abuser and I were never married and did not have any children together but we did live together, can I get a protective order?

Yes, since you lived together you are eligible to Petition for a Protective Order.

10. Will anything happen if the abuser does not follow the Order?

Yes, the abuser can be arrested and charged with misdemeanor or felony crimes if they violate the Protective Order. You can also file an action with the court for Contempt of the Protective Order.

11. Do I have keep getting Twelve Month Orders to continue the Protective Order?

The Court may convert the Twelve Month Order into a Three Year or Permanent Order after it has been petitioned by motion, the respondent has been notified and after a hearing.