Facing a restraining order in Cobb County — or need one? In Georgia, what most people call a “restraining order” is legally a protective order, and in Cobb County these cases move fast and hit hard. They can push you out of your home, limit contact with your children, and land you on a statewide registry. Whether you’ve been served or you need protection, the Cobb County protective order attorneys at MM Criminal Defense — based right here in Marietta — can help.
Call 770-693-4357 for a free, judgment-free consultation before your hearing date.
Restraining Orders vs. Protective Orders in Georgia
People say “restraining order,” but Georgia law calls them protective orders, governed by O.C.G.A. § 19-13-1 et seq. (family violence) and related statutes. Most begin as a Temporary Protective Order (TPO) — a civil order, not a criminal conviction — issued ex parte, meaning a judge grants it after hearing only the petitioner’s side. Once you’re served, it is enforceable immediately, and a full hearing is set, generally within 30 days. That hearing is your chance to finally tell your side.
Where Cobb County Protective Order Cases Are Heard
Family violence and stalking protective orders in Cobb County are filed and decided in the Cobb County Superior Court in Marietta, the county seat, within the Cobb Judicial Circuit. A petition is generally filed in the county where the respondent lives, and the sheriff serves the order. Knowing how the Cobb County judges and calendars actually work matters — these hearings are fast, and preparation is everything.
The Three Types of Protective Orders
- Family violence protective orders (O.C.G.A. § 19-13-1) — for current or former spouses, co-parents, family, and people who have lived together. These carry the most weight: removal from a shared home, temporary child custody, support, even attorney’s fees.
- Dating violence protective orders (O.C.G.A. § 19-13A-1) — for a dating relationship within the past 12 months, even if you never lived together.
- Stalking protective orders (O.C.G.A. § 16-5-94) — no relationship required; a neighbor, coworker, or stranger can petition.
What a Cobb County Protective Order Can Do to You
A protective order is not a minor inconvenience. While it’s in effect it can force you out of your own home, cut off contact with your children, and — under federal law — bar you from possessing firearms. It is entered into the Georgia Protective Order Registry and can last up to 12 months, or be extended to as long as three years or made permanent. Violating a family violence order is a crime, and violating a stalking order can be charged as aggravated stalking, a felony. If you’ve been served, the worst thing you can do is nothing.
How Our Cobb County Attorneys Help — On Either Side
MM Criminal Defense represents both people seeking protection and people defending against a protective order across Cobb County.
If you’ve been served (respondent):
- We make sure nothing is missed before the hearing — responses, evidence, and witnesses.
- We challenge the allegations on the merits. The petitioner carries the burden of proof by a preponderance of the evidence — not you.
- We coordinate your defense with any related criminal charge, so a statement in the civil hearing doesn’t come back to hurt you.
- Where appropriate, we pursue dismissal, modification, or a tailored agreement.
If you need protection (petitioner): we help you seek a protective order quickly, prepare your petition and evidence, and stand with you at the Cobb County hearing.
Why MM Criminal Defense
MM Criminal Defense is a women-led firm founded by two former prosecutors, Michaela Devine and Megan Torok, based in Marietta — the heart of Cobb County. We’ve been on the other side of these cases, so we know how they’re built and how to take them apart. You’ll get plain talk, no judgment, and lawyers who know the Cobb County Superior Court where these hearings actually happen.
Related Reading
If your case is centered in Marietta specifically, see our Marietta TPO attorney page. For a plain-English walkthrough of what to do the moment you’re served, read So You’ve Been Served With a Protective Order in Georgia. Now What?
Schedule Your Free Consultation
If you’re dealing with a restraining order or protective order in Cobb County — on either side — don’t wait for the hearing date to sneak up. Call 770-693-4357 for a free, judgment-free consultation. From our Marietta office we serve Cobb, Cherokee, Paulding, Bartow, Fulton, DeKalb, and Gwinnett counties.
Common Questions
Is a restraining order the same as a protective order in Georgia?
Yes. Georgia law uses the term “protective order,” but it’s the same thing most people mean by “restraining order.” The most common form is a Temporary Protective Order (TPO) issued under O.C.G.A. § 19-13-1 et seq.
How long does a Cobb County protective order last?
A temporary order lasts until the hearing, generally within 30 days. After the hearing, an order can last up to 12 months, and on a later motion a judge can extend it to as long as three years or make it permanent.
What happens if I violate a Cobb County protective order?
Violating a family violence protective order is a crime, and violating a stalking protective order can be charged as aggravated stalking, a felony. Even a text, a drive-by, or a message through a mutual friend can count — follow the order exactly and fight it the right way, at the hearing.