Quick answer: A Georgia family violence protective order is a civil order from the Superior Court that can require an abuser to stay away, leave the home and follow temporary custody and support terms. A judge may issue an ex parte temporary order the day the petition is filed, and a hearing must be held within 30 days (O.C.G.A. § 19-13-3). After the hearing, an order can last up to one year and may be extended to three years or made permanent (O.C.G.A. § 19-13-4). There is no fee to file. Scot Sikes handles protective order hearings in Columbus and the Chattahoochee Judicial Circuit.
If you are in danger right now, call 911. Georgia’s statewide domestic violence hotline is 1-800-33-HAVEN (1-800-334-2836), and Hope Harbour serves victims in Muscogee, Harris, Chattahoochee, Marion, Talbot and Taylor counties with free, confidential help.
A protective order is the family court side of domestic violence. It is separate from any criminal charge, and it can be in place within hours. This page explains how Georgia’s Family Violence Act works in Columbus, what a judge can order, how military protective orders at Fort Benning fit in, and what to expect if an order has been filed against you. For the criminal side, see our page on Georgia domestic violence laws.
Who Can Get a Family Violence Protective Order?
The Family Violence Act covers violence between current or former spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and others who live or used to live in the same household (O.C.G.A. § 19-13-1). The conduct must be a felony or one of the listed offenses: battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint or criminal trespass. Reasonable discipline of a child by a parent is excluded. People in a dating relationship who never lived together may qualify for a different order, such as a dating violence or stalking protective order.
How the Process Works in Columbus
- File the petition with the Clerk of Superior Court. Petitions are usually filed in the county where the respondent lives. In Columbus, that is the Muscogee County Superior Court Clerk at the Government Center, 100 10th Street. There is no fee to file a Family Violence Act petition.
- Ex parte temporary order. If the sworn petition shows probable cause that family violence happened and may happen again, a judge can sign a temporary protective order the same day without the other side present (O.C.G.A. § 19-13-3).
- Service. The sheriff serves the respondent. The order is not enforceable against someone who has not been served.
- Hearing. The hearing should be held within 10 days if practical and no later than 30 days after filing. The petitioner must prove the allegations by a preponderance of the evidence. If no hearing is held within 30 days, the petition is dismissed unless both sides agree otherwise.
- Final order. The judge can dismiss the petition, issue a protective order, or approve a consent order the parties agree to.
What a Protective Order Can Require
Under O.C.G.A. § 19-13-4, the court can order the respondent to stop the violence and stay away from the petitioner, award one party the home and evict the other, require the respondent to provide other housing for a spouse and children, award temporary custody and set visitation, order child support or spousal support, divide personal property, order counseling and award attorney’s fees. Orders last up to one year. On motion, after notice and a hearing, a judge can extend an order to up to three years or make it permanent.
Violating a protective order can lead to arrest and criminal charges, including aggravated stalking. A protective order issued after a hearing can also trigger federal firearm restrictions (18 U.S.C. § 922(g)(8)).
Military Protective Orders and Fort Benning
- Military protective order (MPO). A commander can issue an MPO on DD Form 2873 ordering a soldier to avoid contact with a family member. It is enforced through the chain of command and the UCMJ, but civilian police generally cannot enforce it off post.
- Civilian protective order on post. A Georgia protective order has the same force on a military installation as it does in the community (10 U.S.C. § 1561a), so commanders and military police must honor it.
- Career impact. For a soldier, a protective order can affect weapons access, quarters, security clearance reviews and, through the Family Advocacy Program, command decisions. Soldiers facing a petition should take the hearing seriously and talk with counsel before agreeing to any order.
Protective Orders and Divorce or Custody
Temporary custody and support in a protective order last only as long as the order. If you are also divorcing, separating or seeking custody, the family violence finding matters: Georgia judges must consider evidence of family violence in custody decisions (O.C.G.A. § 19-9-3(a)(4)), and a parent seeking emergency family violence relief does not have to file a parenting plan first (O.C.G.A. § 19-9-1). See our child custody and divorce pages.
If an Order Was Filed Against You
Follow the temporary order exactly, even if you believe it is untrue: no contact, no messages through friends, no social media posts aimed at the other person. Gather texts, call logs and witnesses before the hearing. A consent order without findings of family violence is sometimes a reasonable compromise, but it still restricts you and can affect custody, so understand it before you sign.
Talk With Scot Sikes
Consultations with Scot Sikes are $200 and cover your specific situation, the Georgia law that applies and your realistic options. Call 706-494-6900 or use the contact page. The office is at 5 Bradley Park Court, Suite 101, Columbus, GA 31904, about 15 minutes from Fort Benning’s main gate.
Frequently Asked Questions
How much does it cost to file for a protective order in Georgia?
Nothing. There is no filing fee for a petition under Georgia’s Family Violence Act. You file with the Clerk of Superior Court, usually in the county where the respondent lives.
How long does a temporary protective order last in Georgia?
An ex parte temporary order lasts until the hearing, which must be held within 30 days of filing. After the hearing, a protective order can last up to one year, and a judge can extend it to three years or make it permanent (O.C.G.A. § 19-13-4).
Is a Georgia protective order enforceable on Fort Benning?
Yes. Federal law gives a civilian protective order the same force on a military installation that it has in the community (10 U.S.C. § 1561a). A commander can also issue a separate military protective order.
Can a protective order give me temporary custody?
Yes. The judge can award temporary custody, set visitation and order child support as part of the protective order (O.C.G.A. § 19-13-4). Those terms last only as long as the order, so a divorce or custody case may still be needed.
What happens if the petitioner doesn’t show up to the hearing?
If the petitioner does not appear, the judge will usually dismiss the petition and the temporary order ends. If the respondent does not appear after being served, the judge can still enter a protective order.
Can a protective order affect a soldier’s career?
It can. An order issued after a hearing may restrict firearm possession under federal law, and command, the Family Advocacy Program and security clearance reviewers may all learn of it. Soldiers should get advice before the hearing.
More answers: see our Columbus, GA and Fort Benning family law FAQ.
About the author. Scot Sikes founded the Law Offices of Scot Sikes in Columbus, Georgia, in 2006. He earned his J.D. at Mercer University’s Walter F. George School of Law, was admitted to the State Bar of Georgia in 1999, and served as an Army judge advocate (trial counsel, Senior Defense Counsel and Deputy Staff Judge Advocate) before retiring from the U.S. Army Reserve as a lieutenant colonel in 2017. His practice centers on family law, military divorce and military family law in the Chattahoochee Judicial Circuit, and courts have qualified him as an expert witness on dividing military property in divorce. Read Scot Sikes’s full profile. Law Offices of Scot Sikes, 5 Bradley Park Court, Suite 101, Columbus, GA 31904 · 706-494-6900.
Last updated November 2026. Sources: O.C.G.A. § 19-13-1 (family violence defined); O.C.G.A. § 19-13-3 (petition, ex parte order, hearing); O.C.G.A. § 19-13-4 (protective order relief and duration); Georgia.gov: How to file a protective order; 10 U.S.C. § 1561a (civilian protective orders on military installations); O.C.G.A. § 19-9-3 (custody, relocation notice, deployment rules). This page is general information about Georgia law, not legal advice for your situation.