2019 Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 7 - Stalking
§ 16-5-95. Offense of violating family violence order; penalty

Universal Citation: GA Code § 16-5-95 (2019)
  • (a) As used in this Code section, the term:

    • (1) "Civil family violence order" means any temporary protective order or permanent protective order issued pursuant to Article 1 of Chapter 13 of Title 19.

    • (2) "Criminal family violence order" means:

      • (A) Any order of pretrial release issued as a result of an arrest for an act of family violence; or

      • (B) Any order for probation issued as a result of a conviction or plea of guilty, nolo contendere, or first offender to an act of family violence.

    • (3) "Family violence" shall have the same meaning as set forth in Code Section 19-13-1.

  • (b) A person commits the offense of violating a civil family violence order or criminal family violence order when such person knowingly and in a nonviolent manner violates the terms of such order issued against that person, which:

    • (1) Excludes, evicts, or excludes and evicts the person from a residence or household;

    • (2) Directs the person to stay away from a residence, workplace, or school;

    • (3) Restrains the person from approaching within a specified distance of another person; or

    • (4) Restricts the person from having any contact, direct or indirect, by telephone, pager, facsimile, e-mail, or any other means of communication with another person, except as specified in such order.

  • (c) Any person convicted of a violation of subsection (b) of this Code section shall be guilty of a misdemeanor.

  • (d) Nothing contained in this Code section shall prohibit a prosecution for the offense of stalking or aggravated stalking that arose out of the same course of conduct; provided, however, that, for purposes of sentencing, a violation of this Code section shall be merged with a violation of any provision of Code Section 16-5-90 or 16-5-91 that arose out of the same course of conduct.


Code 1981, § 16-5-95, enacted by Ga. L. 2003, p. 652, § 1; Ga. L. 2013, p. 667, § 1/SB 86.

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