In a busy Cobb County hub built around long commutes, shift work, and full school calendars, asking one question can feel like a risk you cannot afford. We offer calm, practical information about protective orders so you can weigh your options at your own pace, with no one deciding for you.
Daniels & Taylor serves Marietta families from our office in Lawrenceville.
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You may worry that a partner notices money moved out of a shared account, or that stepping away from a job along Cobb Parkway or near the Square raises questions at home. Can a court help with the house or the children right away? What can you do when someone else controls your phone or your papers? Is it possible to learn your rights quietly first? We listen before anything else, then connect each legal question to the real barriers in your day.
You are not alone. Georgia's statewide domestic violence
hotline is 1-800-33-HAVEN (1-800-334-2836),
free, 24/7, and confidential.
What most people pay for a case evaluation to learn
A Georgia protective order can do more than tell someone to stay away. In a
family violence case the judge may grant exclusive use of the home, temporary
custody of the children, temporary support, and can even include the family pet
(O.C.G.A. 19-13-4).
You do not need a police report or a criminal charge to ask for one. It is a
civil petition you file yourself, and the court can issue a same day ex parte
order to protect you right away, followed by a hearing (O.C.G.A. 19-13-3).
Family violence is broader than physical harm. It covers acts like stalking
and criminal trespass between people in the same household, former spouses,
parents of the same child, and others living or formerly living together
(O.C.G.A. 19-13-1). If you were in a dating relationship but never lived together
and share no child, your path is a separate stalking protective order (O.C.G.A.
16-5-94).
How a Georgia family violence protective order works
You file a civil petition, with no police report required, and the court can
grant a temporary ex parte order the same day, then set a hearing (O.C.G.A.
19-13-3). The order can reach beyond no contact to the home, custody, and support
(O.C.G.A. 19-13-4). You file in the superior court of the county where the
respondent lives (O.C.G.A. 19-13-2).
Common questions about protective orders in Marietta
What if asking for help makes things worse at home?
Tell us when and how it is safe to reach you. Legal guidance works alongside safety planning and emergency resources, never in place of them.
Do I need every piece of proof before I call?
No. Save messages, photos, and dates only when doing so does not put you at greater risk.
What if I am not sure the conduct counts?
Describe what happened and how you are related to the other person. You do not need to attach a legal label before asking for information.
You can request a free case evaluation without committing to file anything or to hire anyone. Reach out from a safe phone or device whenever you are able.
Call (770) 285-1673 for a free case evaluation.
You may feel the account is one sided, or that the order landed in the middle of a custody dispute. What contact is still allowed? When is the hearing? How do you respond without making the situation worse? Taking the order seriously does not require accepting every allegation as true.
If a protective order has been filed against you
Nothing lasting happens without a hearing. An ex parte order is temporary, and
the court sets a hearing, usually within about 30 days, where the petitioner has
to prove family violence by a preponderance of the evidence, and that burden is on
them (O.C.G.A. 19-13-3(b), (c)).
A final order can require no contact, order you to leave a shared home, and set
temporary custody or support; it can last up to one year and may be extended to
three years or made permanent (O.C.G.A. 19-13-4). Knowingly violating a protective
order is a separate crime (O.C.G.A. 16-5-95). A family violence finding can also be
weighed in a later custody case (O.C.G.A. 19-9-3(a)(3)(P), (a)(4)). If the petition
comes from a dating relationship, it may fall under the stalking statute instead
(O.C.G.A. 16-5-94).
Until the hearing, follow the order exactly as
entered, even if you believe it is unfair. The time to be heard is at the hearing,
not by contacting the petitioner.
Common questions if an order was filed against you
Can I explain my side directly to the other person?
Not if the order forbids contact. Follow the written terms exactly and use the hearing to be heard.
What should I hold on to?
Keep the order, the hearing notice, messages, schedules, and the names of anyone who saw what happened.
Will this settle my custody case?
Protective order and custody matters can overlap, but no result is automatic. Each one turns on its own facts and careful legal review.
Have the order and the hearing date in front of you if you can. A free case evaluation can help you spot the deadlines, restrictions, and records that need attention now.
Call (770) 285-1673 for a free case evaluation.
