Step 2-4
Superior Court Clerks Office – Civil Division, second floor of the judicial tower next to the courthouse, (404) 371-2836
- Choose the correct form to fill out based on the victim’s particular needs (Family Violence or Stalking).
- The person in need of protection is the one filing the petition. That person is the petitioner. The person who will be served with the order to stay away from the petitioner is the respondent.
- Only black ink is to be used.
- Fill out all the information and include a detailed statement of all the violent/stalking acts starting with the most recent. Continue with documenting all prior acts. Make sure the victim includes a statement about her level of fear. Do not assume the Judge will know.
- Take paperwork to the Clerk's Office. Here you will have two more forms to complete (a Domestic Relations Case Filing Form and a Verification Form) and the signatures will be notarized.
- The Clerk will direct the petitioner to the Magistrate Court (Suite 1240, first floor of the judicial tower next to the courthouse – Call (404) 371-4766) for a Judge to hear the petition.
- The victim will be directed to the presiding Judge who will read the petition and talk to the victim about the order. This is typically referred to as the ex-parte hearing because the Judge only hears one side.
- Should the Judge grant the order, you will receive the date, time, and location of the second hearing.