A Georgia family violence protective order lasts up to one year unless the court converts it into something longer.
What the Statute Says
Under OCGA 19-13-4(c), an order “shall remain in effect for up to one year; provided, however, that upon the motion of a petitioner and notice to the respondent and after a hearing, the court in its discretion may convert a temporary order granted under this Code section to an order effective for not more than three years or to a permanent order.” Three things have to happen before an order is extended: the petitioner has to move for it, the respondent has to get notice, and there has to be a hearing. Conversion is not automatic and it does not happen on the court’s own initiative.
Ending an Order Early
A restrained party can ask to have a permanent order terminated. In Mandt v. Lovell, 293 Ga. 807 (2013), the Georgia Supreme Court held that person “must prove by a preponderance of the evidence that a material change in circumstances has occurred, such that the resumption of family violence is not likely and justice would be served by termination of the order,” judged on the totality of the circumstances – including the parties’ present relationship, the restrained party’s compliance history, any counseling completed, and the victim’s objections.
What Expiration Means
Once an order lapses, it stops working. In Norman v. Doby, 321 Ga. App. 126 (2013), the Court of Appeals held that “once a protective order is no longer valid … neither the superior courts nor law enforcement retain any power to enforce that order.” Child support ordered under a protective order is the exception – in James-Dickens v. Petit-Compere, 299 Ga. App. 519 (2009), arrears that built up during the order remained collectible after it expired.
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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!