Temporary Protective Order
Commonly called a
restraining order, a Temporary Protective Order (TPO) is an order implemented to
safeguard victims of family or dating violence from individuals who are
abusing, harassing, or stalking them. Shortly after a TPO is filed, contact
between the party seeking the order and alleged abuser is prohibited.
Procedure
Georgia courts
consider protective orders emergency situations and thus move quickly. The
victim will file a petition for a protective order in the Superior Court of the
county where he/she resides.
In the petition, the
victim will allege specific acts of domestic violence, which will be promptly
reviewed by a judge. Because this is considered an emergency situation, the
judge will likely enter an immediate ex parte protective order to protect the
victim from further acts of violence.
Once the ex parte order
is entered, a court date will be scheduled and the accused will be served. The court will schedule a formal hearing
within 30 days of the petition being filed.
At the hearing, each
party will have the opportunity to present evidence on the alleged incident(s)
and the petitioner/victim must prove his or her allegations by a preponderance
of evidence. After hearing the evidence, the judge will either remove the ex
parte order or extend it for up to 3 years.
What Else Can Be Included in a TPO?
In addition to
prohibiting contact between the victim and abuser, a TPO can also grant the
victim other forms of relief:
- exclusive possession of the residence;
- require the abuser to provide a spouse and children suitable alternative housing;
- temporary custody of minor children or temporary visitation rights;
- eviction of the abuser from the residence;
- victim assistance in retrieving possessions from the residence;
- child support payments for the support of minor children;
- spousal support payments;
- cease harassment or interference with the victim;
- costs and attorney's fees to either party; and
- order abuser to receive psychiatric or psychological services.
M&T now offers
flat fees on TPO cases. Contact us if you would like more information regarding
your case.
Written by: Rebekah Ann James