A Georgia superior court can enter a protective order the same day you file, before the other side has been told anything about it.
What the Statute Requires
OCGA 19-13-3(b) provides that “[u]pon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that family violence has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from violence.” Two things matter there: the petition must be verified, and it must allege specific facts, not general fear. In Davis-Redding v. Redding, 246 Ga. App. 792 (2000), the Court of Appeals explained that the Act gives a court authority to order temporary relief “even if that means giving the respondent no notice and no opportunity to be heard before the order is issued.”
How Long It Lasts
An ex parte order stays in effect until the court dismisses it or the hearing occurs, whichever comes first.
The 30-Day Deadline
Under OCGA 19-13-3(c), a hearing must be held “[w]ithin ten days of the filing of the petition … or as soon as practical thereafter, but not later than 30 days after the filing of the petition,” and “[i]f a hearing is not held within 30 days of the filing of the petition, the petition shall stand dismissed unless the parties otherwise agree.” That is strict. In Smith v. Smith, 350 Ga. App. 647 (2019), inclement weather closed the court and the hearing landed on day 35. The Court of Appeals reversed the twelve-month order, holding that substantial compliance was not enough. If the court finds the respondent is dodging service to run out the clock, OCGA 19-13-3(e) allows it another 30 days.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!