Violating a Protective Order in Georgia

If you have been arrested for domestic violence in Georgia, not only are you subject to jail time and other penalties, but you may also have a protective order filed against you. A protective order is a formal and legal way to inform someone to stay away from an alleged victim. 

A family violence protective order contains the following conditions: 

  • No contact via phone, text message, e-mail, letter, or any form of communication 

  • Staying a certain distance away from the victim and his/her home, workplace, school, and family members 

  • If the abuser lives in the same home as the victim, the abuser will be forced to move 

  • Ensure the victim and his/her children have suitable housing 

  • Award temporary custody rights to the victim 

There are two types of protective orders in Georgia: “temporary ex parte” protective orders and “family violence” protective orders. The ex parte order is valid for up to 30 days or until the scheduled court hearing, while the family violence order lasts up to one year and possibly extended to three years or permanently. 

Violating a family violence protective order may result in being held in contempt of court or criminal charges. The crime of violating a protective order is a misdemeanor, punishable by a maximum jail sentence of 12 months and a fine no more than $1,000. 

However, if a person is convicted of either stalking or aggravated stalking, along with being convicted of violating a family violence protective order, he/she may only be sentenced for the stalking-related charge, if stalking was the reason behind violating the order. 

Whether you have been charged with a domestic violence offense or violating a protective order in Lawrenceville or Gwinnett County or you are a victim of domestic violence, contact Daniels & Taylor, P.C. today to let our legal team determine your legal options.