A Georgia protective order does more than tell someone to stay away from you – the Family Violence Act attaches several measures aimed at stopping the violence from happening again.
An Intervention Program Is the Default
Under OCGA 19-13-16(a), a court “when imposing a protective order against family violence, shall order the defendant to participate in a family violence intervention program … unless the court determines and states on the record why participation in such a program is not appropriate.” These are certified rehabilitation programs, and OCGA 19-13-10(6) defines them to include batterer intervention, anger management, anger counseling and violence therapy. Unless the person is indigent, he or she pays for it.
You Can Ask for Security Checks
OCGA 19-13-4.1 lets a petitioner who has obtained a protective order request periodic security checks from a local police department or sheriff’s office. Those checks may include “[o]bservation of the exterior of the petitioner’s residence” and “[o]fficer presence in the vicinity.” You make the request in writing and bring the agency the order to photocopy, and it runs for up to 60 days. The timing of the checks is left to the agency.
The Order Works Anywhere in Georgia
Under OCGA 19-13-4(d), a protective order “shall apply and shall be effective throughout this state,” and every superior court, sheriff, deputy and state, county or municipal officer has a duty to enforce it. You do not need a new order because you moved to another county or because the violence happens somewhere else in Georgia.
None of this makes an order self-enforcing. It is a court order, and it works when a violation is reported and acted on.
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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!