What should I know about domestic violence?

Contents

• What is domestic violence?
• What is emotional and psychological abuse?
• What is stalking?
• What can a protective order do?

---

What is domestic violence?

Domestic violence can be broadly defined as abuse that occurs between family members, married partners, unmarried partners, or individuals that were previously in a relationship. It involves one person in the relationship using abuse to control the other person. 

Domestic violence, as defined in Georgia law, occurs between: 

• past or present spouses, 
• persons who are parents of the same child, 
• parents and children, 
• stepparents and stepchildren, 
• foster parents and foster children, or 
• other persons living or formerly living in the same household. 

The abuse may be:

• Physical
• Emotional
• Psychological
• Sexual
• Economic

The legal definition of domestic violence covers physical abuse, such as:

• hitting, 
• pushing/shoving, 
• choking/strangulation, 
• restraining/grabbing, 
• threats of violence, 
• confining an individual against their will,
• destruction of property,
• sexual conduct without consent, 
• child abuse, and
• stalking.

Reasonable discipline of children is not considered domestic violence.  
 

Back to top

---

What is emotional and psychological abuse?

Here are examples of emotional and psychological abuse:

• Threats of physical violence
• Humiliation and intimidation
• Insults and name-calling
• Blaming for everything
• Constant criticism
• Damaging one's relationship with their children
• Isolation (creating emotional, psychological, and physical distance from family, friends, school, and/or work)

Back to top

---

What is stalking?

Stalking and cyberstalking are actions that are recognized as forms of domestic violence.

The law defines stalking as following, placing under surveillance, or contacting another person without their consent for the purpose of harassing or intimidating them. "Harassing and intimidating" in this context means multiple, purposeful acts directed at a specific person which causes emotional distress by placing them in fear for their safety or the safety of their family members.

Back to top

---

What can a Protective Order do?

A Protective Order requires the person who abused or stalked you not to abuse, stalk, contact you, or come within a certain distance of where you are, including work and school. The order can require the person to leave your home. It can also give you custody of your children, child support, temporary use of property, and many other things.  It can order the person who abused or stalked you to receive treatment to prevent them from doing this again.  A protective order normally lasts 12 months. 

Can the Protective Order last longer than 12 months?

Yes.  You can file a Motion to Extend  in the same court that entered the original order before the 12 month order ends. The court, after holding a hearing, may enter a permanent order or extend the order for one, two, or three years.

Back to top

Contents

• What can I do if I am being abused?
• What can I do legally if I am being abused or stalked?
• How do I apply for a protective order?

---

What can I do if I am being abused?

The first thing you should do is make a safety plan. This is a plan to help you prepare to get out of an abusive relationship and stay safe. The National Domestic Violence Hotline Path to Safety can help you formulate a plan.

Back to top

---

What can I do legally if I am being abused or stalked?

In Superior Court, you can apply for a Protective Order. In the Magistrate Court, you can apply for a criminal warrant or a good behavior bond. You can also call the police, 911, to report incidents of abuse and for any immediate threats of harm.

Back to top

---

How do I apply for a Protective Order?

You have to fill out a petition stating what happened and what you want the court to do about it.

• You can get the petition online, in the Clerk's Office or from the "Forms and Tools" tab of this website.
• You can file these by yourself, but if you need help filling out the petition, someone in the clerk's office, a domestic violence shelter advocate, or a victim/witness advocate may be able to help you.  This is a civil process and is free.   
  • Be sure to contact your local domestic violence agency for help.  

You then file the petition in the Clerk's Office of the Superior Court in the county where the person who abused or stalked you lives.

• After you file the petition, you will see a judge who may give you an immediate Temporary or “Ex Parte” Protective Order and schedule a follow-up hearing.
• The hearing will take place within 30 days of the date that you filed your petition.
• At the hearing, both you and the person who abused or stalked you will be present and have an opportunity to tell the judge why the Temporary Protective Order should (or should not) be extended.
• After the judge hears from both of you, the judge will decide whether to give you a Temporary Protective Order for up to 12 months.

What happens if the person who abused or stalked me does not obey the Order?

Call the police if it feels safe to do so. The person can be held in contempt of court. They can also be arrested and charged with a misdemeanor or felony.

You can request periodic security checks from police departments and sheriff's offices in your local area. Such security checks include observations from outside your residence and the presence in the surroundings of your residence. You can withdraw the request when you think it is unnecessary.

Back to top