Legal Question in Family Law in Georgia

From your Zip Code, it appears that you reside in Spalding County. Due to the physical threats, it may be possible to get him out of the residence on a Petition for Relief from Domestic Violence. But, this is a tough situation and I do not know what the Court will do here. You may want to check with his family members on this to see if they are willing to take him in instead.

If you go the Domestic Violence route, just go to the Clerk of Superior Court of Spalding County and tell them that you want to file a Petition for Relief from Domestic Violence. By law, they are required to assist you in filing this and there is no filing fee, etc. If a judge agrees with your Petition, the Sheriff will go out and serve him and make him get out of the residence. Then, a week or so later, there will be a full hearing before a judge where the court will decide whether to extend the restraining order for 12 months.

Your other option is to file for a divorce, have him served and then have a temporary hearing and ask the judge to give you exclusive use of the house and for him to move out.