Temporary Protective Order Georgia: A Comprehensive Guide
Temporary protective orders or family violence protective orders may be necessary due to domestic violence or any act or threat of harm. Even though a piece of paper does not solemnly stop a person from hurting you, police have the authority to arrest such a person for violating the order, which usually deters the subject from making further contact.
Contact Holly
770.284.8130
What Is a Temporary Protective Order in Georgia?
A temporary protective order (TPO) is a person’s protection against domestic violence. It is a formal court order granted to a person to protect them, their children, and sometimes other relatives from a perceived threat of harassment, physical abuse, assault, stalking, and any other sort of harm. The order also extends to places such as your workplace (employee or employer protective orders), home, car, and your kid’s school or childcare facilities.
Every state has different forms of restraining orders. In Georgia, in addition to employer protective orders, there are two more types of orders available: family violence protective orders and stalking protective orders. It is important to know the laws of Georgia on the differences between the orders and how you can obtain one.
It’s also important to understand your legal options if you have been unfairly served a temporary protective order (TPO) from your present or past spouses in Georgia. No matter your circumstances, consulting a skilled and compassionate lawyer like Holly Waltman of The Waltman Firm is your best course of action.
How Do I Get a Temporary Protective Order, Georgia?
You might be experiencing domestic violence at home, and you may be wishing to acquire a temporary protective order against your partner. Acquiring an emergency protective order is a two-step process if you are in the state of Georgia. First, it is advisable to file your petition in your county court. For example, in Georgia, you can file a petition to the Superior Court clerk’s office of the county where you reside.
Bear in mind it’s important to know and identify which type of protective order you are petitioning for. For example, a stalking temporary protective order can be filed against someone who has surveilled, followed, or threatened your safety. Victims of workplace violence can seek protective orders against an employer who has threatened or committed an act of violence against them.
Finally, family violence protective orders can be issued when there have been one or more acts of violence between:
- past or present spouses,
- people who are parents to the same child,
- parents and children,
- stepparent and stepchildren living in the same household,
- foster families,
- current or former roommates.
However, before taking action, you will want to visit a lawyer from a reputable law firm. The right legal advocate will evaluate your situation and guide you through your rights and options to ensure your safety.
1. Initial Screening
Once at the court, you will have to complete an initial screening that documents the main reason and valid evidence as to why you are requesting a temporary protective order in Georgia. For instance, if you are a victim of domestic violence, you can show proof of the physical injuries that you may have obtained. Your attorney can help you obtain this evidence.
2. Swear an oath
After completing the screening, you will be forced to swear an oath, agreeing that the information provided is accurate and true. Once that is done, your request is prepared to be headed to a Superior Court judge for consideration. You will thereafter need to appear before a judge in a court of law to briefly summarize the situation and answer any questions a judge may have.
3. Order Status
If the temporary protective order is granted, you will be taken to another area of the courthouse as you wait for the order to be prepared and stamped for you.
In cases of family violence, for instance, the TPO may be granted without informing the other party or holding a hearing. An initial hearing may occur on the same day individual files a protective order petition. The judges may grant an ex parte protective order that will be in effect until the full hearing. The court will then have the temporary protective order served to the alleged abuser by the deputy sheriff within the first few hours after the order has been granted.
If you happen to be the accused and you end up receiving a restraining order to stay away from someone, you also stand a chance to be represented by a lawyer.
Temporary Restraining Order Requirements
There is not much needed for you to apply for a temporary restraining order in Georgia. All you have to do first is to find a good lawyer to represent you. You don’t necessarily have to hire a lawyer, but it is quite important to have one so that they can guide you through every step of the way.
The Waltman Firm, located in Marietta, Georgia, has experienced lawyers who are well-versed in this area and can help you get your restraining order as soon as possible.
Once you have identified the right law firm to represent you, you have to file the court forms. Here, you will be needed to fill in the absolute truth and issue evidence. Then your forms will be submitted to a judge in Georgia courts.
How Long Does a Temporary Restraining Order Last?
Temporary restraining orders are mainly short-term pre-trial temporary injunctions. These types of orders cannot be issued for more than twenty-one days. This gives room for a court hearing after the restraining time has collapsed.
The other party, the accused, is also entitled to have a hearing within that period. Within these restraining days, if you are the other party, you can file or get your lawyer to file in court to modify or dismiss the order. After that, the judge may hold a hearing about the issue with both parties present.
What to Do If a Petition for Temporary Protective Order Has Been Filed Against You?
If you are the alleged abuser and you have been served with a temporary restraining order in Georgia, you will need to carefully read it through and obey it at all costs. You may feel the need to confront the petitioner, but this may be seen as criminal trespass by the court. You do not want to worsen the matter more as whatever you may be used against you.
Get a lawyer right away and inform them about your legal rights. An experienced lawyer will know what to expect at the hearing and how they may help you out. Make plans to show up for the hearing on the date stated in the restraining order. If you fail to show up, a judge may go on and make orders about your children, if any, by issuing temporary custody without input from you. This also applies to your property and money.
If you need more time to get ready or find a lawyer, you have the right to reschedule the court hearing. The Waltman Firm has lawyers who are well trained in representing both parties in such a case, and we’re ready to protect your rights at every turn.
Georgia Temporary Protective Order (TPO) vs Family Violence Protective Order
Temporary protective orders are quite different from family violence protective orders. First, a temporary restraining order does not necessarily mean you did something wrong. A family violence protective order is mostly issued after a court hearing after both parties have given their sides of the story along with evidence. They last for up to one year, but they can also be extended up to three years.
Takeaway
Whether you are the accuser or the accused, having a lawyer to help you every step of the way as you try to solve the matter at hand is crucial. The Waltman Firm in Georgia is a good example of a law firm that is well specialized in domestic violence cases, among others and is in a position to represent you in temporary protective order cases.
Let us help you find protection by helping you file for temporary restraining orders. Alternatively, we can help you if you happen to be accused in such cases.
Be sure to visit our office in Marietta or contact us via our phone number below. You can also send us an email, and we will be sure to get back to you in no time!
