How Long Do Restraining Orders Last? Georgia Protective Order Timelines

How long do restraining orders last in Georgia depends on which stage the case has reached. An ex parte temporary order lasts only until the court hearing, and that hearing is set within 30 days of the filing of the petition. A final family violence protective order may last up to one year. The court may later convert that order into one effective for up to three years, or into a permanent order.

How Long a Restraining Order Lasts in Georgia at a Glance

People asking how long do restraining orders last usually need one of four answers. Find your situation below:

1. Ex parte order. Runs from the moment the judge signs it until the scheduled hearing.
2. The hearing. Set within 30 days of the filing of the petition, with both sides present.
3. Final protective order. May run for a fixed period of up to one year.
4. Conversion. On the petitioner's motion, after notice and a hearing, the court may enter an order of up to three years or a permanent order.

These timelines come from Georgia's Family Violence Act. O.C.G.A. § 19-13-3 governs ex parte relief and the hearing window. O.C.G.A. § 19-13-4 governs the relief a court may grant after that hearing, including how long the order lasts.

A note on vocabulary. Many people say "restraining order" or "TRO." Georgia's family violence statutes call it a Temporary Protective Order, or TPO. A TRO in ordinary civil litigation is a different device, used to hold the status quo until the court can hold a hearing.

How Long Is a Temporary Restraining Order Before the Hearing?

How long does a temporary restraining order last in Georgia? Only until the scheduled hearing. When people ask how long is a temporary restraining order, they usually mean the ex parte stage. At that stage a judge may grant immediate relief without the other party present. That relief is short by design, and both sides appear at the full hearing that ends it.

Under Georgia's family violence protective order statute, that hearing is to be held within 30 days of the filing of the petition. The practical outer edge of an ex parte order is measured in days and weeks, not months.

One mechanic matters more than any general rule. The order names its own expiration or hearing date on its face, so read that date off the paperwork. If a hearing is continued or reset, the court may carry the temporary order forward. The order and the hearing date generally move together.

Hearings do get reset, and service problems are a common reason.

The 12-Month Protective Order and How Its Clock Runs

After the hearing, a family violence protective order may remain in effect for up to one year. That is the answer to how long can a restraining order last at this stage. "Up to" is the operative language. A judge may enter an order for a shorter fixed period, and the order's own text controls the end date.

That date appears on the face of the signed order, which states when it takes effect and expires.

Several things people expect to stop the clock generally do not. That list includes the respondent's good behavior, the parties reconciling, the petitioner moving out of state, and an informal agreement. Only the court can shorten, extend, modify, or terminate the order. Until it does, the order remains in effect and runs to its stated expiration date.

A final order may also be entered on consent, without either side conceding the allegations. A consent order still carries a fixed duration the reader has to track.

Converting a One-Year Order to Three Years or a Permanent Order

Georgia does not treat the one-year order as a ceiling. The same family violence statute gives the court discretion to convert a temporary protective order. The new order may run for up to three years, or it may be permanent. Permanent restraining orders exist in Georgia, but they come from that conversion step rather than from the original order.

That conversion is not automatic. Four things generally have to happen first:

1. The petitioner files a motion asking for it.
2. The respondent receives notice.
3. The court holds a hearing.
4. The judge decides, in the court's discretion, whether to grant it.

Timing matters most here. A petitioner who wants continued protection generally needs to file that motion while the order is still in effect. Once it expires, there may be nothing left to convert, and a new petition may be the only route.

Both sides have a stake in that hearing. A petitioner may ask for a longer term, and a respondent may be heard on why a one-year order should not become permanent. No lawyer can predict how a judge will rule.

What Happens When an Order Expires, Is Modified, or Is Dismissed

An order can end or change in three ways, each affecting the clock differently.

Expiration. An order lapses on its stated end date. In general it does not renew itself. Nothing is filed automatically, and neither party gets a reminder. The day after expiration, the order's restrictions are no longer in force. A petitioner who still feels unsafe would need to go back to court.

Modification. Either party may ask the court to change the terms of an existing order. A modification generally adjusts what the order requires. By itself it does not push back the expiration date, which changes only if the court's new order says so.

Dismissal or vacatur. A court may dismiss the petition or vacate the order, ending it before its stated expiration date. A petitioner cannot simply stop enforcing an order, because it remains a court order until the court says otherwise.

Keep a copy of the current order, note the expiration date, and confirm those dates from the signed order, not from memory.

How Long Stalking Protective Orders Last in Georgia

Not every protective order comes out of a family relationship. Two types of protective orders share this timeline: family violence protective orders and stalking protective orders. Georgia's stalking protective orders let a person who is the victim of stalking petition the court for relief under O.C.G.A. § 16-5-94. That statute pulls in the same procedural framework used for family violence cases.

The practical result: the timeline has the same shape. An ex parte order runs to the hearing. The hearing is set within 30 days of the filing of the petition. A final order may run for up to one year. The same discretionary path exists to an order of up to three years or a permanent order.

This matters because people often assume a stalking order is shorter or weaker than a family violence order. It is not. Which statute applies turns on the relationship between the parties and the conduct alleged, and a lawyer can confirm which framework governs a case.

Talk With a Georgia Protective Order Attorney

The dates on a protective order carry real consequences for petitioners and respondents alike. Deadlines to respond, or to ask the court for a longer term, move quickly. The hearing inside the 30-day window is often the only chance to be heard before a year-long order is entered.

Our restraining order attorneys at Kohn & Yager LLC can review your paperwork and explain the options on both sides of the clock. Our firm handles protective order matters in Georgia courts, including Alpharetta domestic violence cases.

The filing process is a separate topic. Our post on Georgia Temporary Protection Orders and Temporary Restraining Orders covers how to petition, what an order can require, and what happens if one is violated.

No lawyer can promise a particular result. Outcomes depend on the facts, the terms the court enters, and the judge. Contact Kohn & Yager LLC to talk through the timeline in your own case.

Frequently Asked Questions

How long is a temporary restraining order in Georgia before the court hearing?

An ex parte order generally lasts only until the scheduled hearing. Georgia's family violence statute sets that hearing within 30 days of the filing of the petition. If the hearing is reset, the court may carry the temporary order forward.

Can a Georgia protective order last longer than one year?

Yes. The petitioner may move for conversion, with notice to the respondent and a hearing. The court may then enter an order of up to three years or a permanent order, in its discretion.

Does a Georgia protective order renew automatically when it expires?

Generally not. An order lapses on the date stated on its face, and no filing happens on its own. A party who wants continued protection typically asks the court before it runs out.

What happens after a restraining order expires in Georgia?

Once the order expires, its restrictions are no longer in force, and neither party receives a notice about it. A petitioner who still has safety concerns would need to return to court.

How long does a stalking protective order last in Georgia?

The timeline generally tracks the family violence framework. An ex parte order runs to the hearing, and a final order may last up to one year. The court may later extend protection to three years or make it permanent.