Learn How to Get a Restraining Order in Georgia
Whether you are on the filing or receiving end of a restraining or protective order in Georgia, there are a few things you need to know.
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The Purpose of Georgia Restraining Orders
Restraining or protective orders are a legal and official way to “keep away,” whether you have a stalker or want to protect yourself or your children from a violent family member.
However, it’s not necessary that you have lived together or to be related to an individual to petition for a protective order. For example, if an individual places under surveillance, follows, or contacts someone without their consent for the purpose of harassing and intimidating her or her immediate family member, a stalking protective order can be petitioned.
Although a piece of paper will not prevent someone from harming another human being, authorities have the power to arrest the abuser for violation of a protective order right away.
Restraining orders and protection orders are legal in all U.S. states. As a Georgia resident, it’s crucial to understand your state’s law regarding the distinctions between the orders and the methods through which you can get one.
How to Get a Protective Order in GA
To obtain a restraining order or a protective order in the state of Georgia, you have to file the appropriate paperwork.
The order will be on “stand-by” until a hearing is scheduled. The judge will be the one to decide whether the restraining order should be kept or withdrawn during the hearing due to insufficient evidence. You must bring all the evidence you have to show that you need a restraining order or protective order to protect yourself.
Suppose you need to obtain a temporary protective order or a temporary restraining order. In that case, you must prove to the judge that you will face imminent and immediate danger if the ruling isn’t issued. A temporary protective order may be given in domestic violence situations to keep you safe from physical injury or stalking.
Nevertheless, you must provide evidence to the judge to persuade them that you are at risk and require protection. Contact a domestic violence lawyer for help with your case!
Restraining Orders & Protective Orders in Georgia
A restraining order is a court order that requires the subject of the order to avoid all forms of contact with the petitioner. If the person isn’t a family member, a restraining order is usually enough. If the person is a member of your family, you must obtain a family violence protective order.
If the restraining order is given, the party who is the subject of the order can request a hearing to provide their side of the story. Reasons for requesting restraining orders are many and include physical, financial, psychological, or patent reasons.
There are two types of family violence protective orders in Georgia: a temporary ex parte order and a family violence protective order. The goal of the ex parte temporary protective order is to protect the victim from the abuser until the court hearing. The victim can file a protective order petition if the abuse occurred and she or he believes to be in immediate danger. A temporary order lasts up to 30 days or until the court hearing and can be received without the abuser’s knowledge.
However, the hearing is mandatory for getting a family violence protective order. Although these orders last longer, both sides – the victim and the abuser will have a chance to tell their side of the story and present evidence to the judge.
In many respects, family violence protective orders differ from restraining orders. The most notable distinction is that protective orders are issued for a more extended time. Children, foster children of people formerly living in the same household, other family members, housemates, or spouses may be the subject of family violence protective orders.
You also have the option to file a temporary protective order. A family violence protective order generally lasts up to one year, but it can be prolonged to three years.
How Much Does a Restraining Order Cost in Georgia?
There is no initial cost to the petitioner when restraining orders are filed in Georgia. Georgia has increasingly taken action to protect abuse victims, with several forms of protective orders available based on the type of abuse or association with the abuser.
Although an attorney is not necessary for protective orders and restraining orders, it might be a good idea to get one, and even more so if the abuser has one. If you are falsely accused of domestic abuse or if you are a victim of abuse, contact The Waltman Firm immediately at 770.235.1015.
Even if the abuser doesn’t have an attorney, you should contact and consult a lawyer who’s well-versed in protective orders to safeguard your legal rights. Whereas the court staff can provide you with the relevant petition forms, they cannot assist you in filling them out, presenting your case before the judge, or providing any legal advice.
Restraining Order Georgia Form
The Georgia Superior Court Clerks Cooperative Authority, also known as the Superior Court Clerk’s Office, has many forms needed for restraining orders and protective orders. The forms for the most frequent types of restraining orders are shown below:
- Family violence ex parte protective order
- Family violence protective order (twelve-month)
- Family violence protective order (three-year permanent)
- Stalking temporary protective order
- Stalking twelve-month protective order
- Stalking protective orders (three year-permanent)
- Stalking permanent protective order under a criminal conviction
There are also employer protective orders. If an employer has threatened or acted violently against the employee, they can petition a protective order against that employer.
You will need to figure out what kind of form you want to fill out and file. Restraining orders and protective orders come in a variety of forms:
- No-contact orders prohibit all forms of communication, including electronic, telephone, text message, and personal contact.
- Stay-away orders generally require the person to remain at least 300 yards away from you and prohibit them from living in the same house as you.
- Peaceful contact implies that you can still talk to and visit the person, but no threats can be issued. These occur most frequently between parents who have joint custody of their children.
How to File a Protective Order in Georgia
To file a restraining order or a protection order in Georgia, you need to:
- Check to see whether you are eligible to obtain the request.
To file the petition, you have to be at least 18 years old. If you are a minor, you must find someone else to register the petition on your behalf.
- Fill out the relevant paperwork and submit it to the appropriate superior court.
As previously mentioned, you need to know exactly what type of form to fill out.
You must submit the order to the clerk of the court in the defendant’s county. Nothing further must be done if you live in the same county. You can file a request for protection in the county where you live if the abuser lives out of state. The clerk will forward this to the Superior Court, where a temporary restraining order may be granted before the hearing.
- Obtaining ex parte temporary restraining orders / ex parte temporary protective orders (TPO)
In Georgia, restraining orders and temporary protective orders have an expiration date. Some states allow continuous restraining orders, while Georgia demands that any such order have an end date. The good news is that the order can be renewed, but it will eventually expire.
- Attend a court hearing during which a final protective order might be granted.
The alleged abuser and the protected person are both required to attend the hearing to submit their cases. For strengthening your case, you could bring any proof of harassment, abuse, or domestic violence to the hearing.
Additional GA Restraining Order Laws
According to the law, in Georgia, violating a restraining order can result in significant consequences. Violations of a protection order can result in a prison sentence of up to ten years and a fine of up to $10,000. For many domestic violence victims, this is reassuring.
You need a knowledgeable lawyer if you’ve been charged with breaking a restraining order or protective order. These allegations are taken seriously by Georgia’s law enforcement officers, and you might face significant consequences. If you or a beloved person is in this position, please contact us immediately at 770.235.1015!