How To Get A Temporary Protective Order in Georgia
How to Get a TPO in Georgia
A temporary protective order (aka temporary restraining order) is a solid first step toward protecting yourself and your family. Whether you are concerned about a stalker, or you have to safeguard you or your kids from a dangerous ex-spouse or relative, restraining orders are a legal way of telling someone to “stay away.”
If you are in immediate danger, CALL 911 as soon as possible. Even if the threatening person leaves before the police arrive, filing a formal police report can help you obtain a protective order.
What is a Temporary Protective Order?
In Georgia, a Temporary Protective Order (TPO), or Temporary Restraining Order (TRO), is what is commonly referred to as a restraining order. A TPO can be issued by the court to order a person to either do or not do certain things. This can be anything from telling homeowners to keep nuisance noises to a minimum, to prevent crazy people from harrassing you. Often, people going through a difficult divorce may need to get a protective order to deal with an abusive spouse. If you’re in a life-threatening situation a judge may use a restraining order to prohibit violent people from calling or being near you.
When Should I Get a TPO (TRO)?
So far as civil cases proceed, obtaining a restraining order might be a part of a divorce agreement. If your health or livelihood is jeopardized by someone else’s actions, it might be a wise idea to get one ASAP. Visit this website to learn more about getting TPO in Cherokee County GA.
If the concern is domestic violence towards you or your kids (record conversations or catch a video of these acts) a restraining order can prohibit your partner or spouse from communicating with you in almost any manner. Restraining orders can motivate them to move out, if you are still living with them. You can request an emergency restraining order if you are in risk of violence.
Fight Emotional Abuse and Terror
Restraining orders are available because of emotional abuse too. Threatened injury, either from somebody who you know or even a stalker, is deemed psychological abuse – particularly when it prevents you from your daily routine or your ability to perform your work. The restraining order typically restricts all forms of communication between you and the alleged offender.
How To Get a Restraining Order?
If you are a victim or potential victim, then you have to first apply for a restraining order. Next you will need to make an in-person appearance in front of a civil court judge. You have to convince the judge that it is essential to stop the person from continuing or preventing imminent harm. If there is a threat of domestic violence the judge may approve a temporary restraining order almost immediately. The forml court order will be served by your local county Sheriff’s Department deputies to the alleged offender, usually also within 24 hours of issuance. After the Court Order has been served to the alleged offender it immediately goes into effect.
If you are going through a divorce, and such an order is served to your spouse, they are required to leave the marital home. The serving deputies will usually allow a few minutes for them to gather personal items they need to live or work elsewhere. For a temporary protective order, the other spouse is banned from having any contact with protected spouse for a period of two weeks. At the end of the two-week period, both spouses are required to attend a hearing before the issuing judge. Both sides can present their justification to drop or ask for continuance of the Order. The judge will determine the appropriate action. Even if the judge does not extend the Order, the alleged offending party has been put on notice.
During the active period of the Order, any violation of the restraining order is a crime and the violator can be arrested and charged for breaking the order. Possible consequences are fines and jail time.
If you need assistance requesting a Temporary Restraining Order, you should search for a local family law attorney near me.