Our attorneys have represented dozens of clients in successfully obtaining and defending TPOs.
Georgia law provides protection for individuals who have been the victim of family violence through the issuance of Temporary Protective Orders (TPOs). Some states refer to these as a restraining order. A TPO is a court order that can help victims of family violence obtain protection from the individual or individuals who have caused them harm through abuse, violence, stalking or harassment.
Generally, TPOs prohibit certain or all contact between the party seeking the order and alleged abuser. In some circumstances, a TPO may order the alleged abuser to vacate the family’s residence or refrain from visiting the workplace or residence of the victim.
In order to obtain a Temporary Protective Order, the victim, or someone acting on the victims behalf, must go to the Superior Court in the county where the Defendant (abuser) resides to file a Petition. In some metro-Atlanta counties this process may occur at the county jail. Typically, the petition must outlining the specific acts of family violence that have occurred.
In Georgia, Family Violence is defined as:
“…the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:
(1) Any felony; or
(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
The term ‘family violence’ shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.”
Family violence does not just include acts of physical violence or abuse. Family violence can also include threats of harm, property damage, stalking, and trespass.
Once the petition is submitted, it will be reviewed by a Judge. The Court may immediately issue a temporary ex parte protective order to protect the victim from further acts of violence by requiring the Defendant to stay away from the victim and refrain from committing other acts of family violence against the victim.
Within 10 days of issuing an ex parte order but no later than the next 30 days, the Court will schedule a hearing that both parties must attend. At the hearing, the victim must prove his or her allegations by a preponderance of evidence, and the Defendant will have a chance to present his or her defense. Proof of the allegations may include audio or video recordings, pictures of bruises, scratches or other injuries, doctor’s reports, and photographs of damaged property.
If the family violence is proven by a preponderance of evidence, the Order is typically granted for a period of 12 months but may be extended for up to three (3) years; or the Order may be made permanent, if the Court deems it necessary for the protection of the victim. The Temporary Protective Order may also provide other forms of relief, including granting the victim possession of the residence, establishing temporary visitation of children, awarding temporary child support, and ordering the abuser to take certain classes or have a psychological evaluation.
If violence ever becomes a problem in your household and you believe you are in imminent danger of harm, please remember that you should call 911 or contact local authorities first. You can still seek a Temporary Protective Order after the police or authorities have intervened. If you believe that your TPO has been violated, immediately contact the authorities. If an abuser has violated a TPO, he or she may be subject to criminal penalties.