Whether you have obtained a stalker or you have to safeguard you or your kids from a dangerous relative, restraining orders are a legal way of telling someone to “stay away.” Figure out what it entails and when you need to file to get a restraining order in Georgia.
Restraining orders are issued by the court telling folks to either do or not do certain things. This can be anything from telling home owners to keep the sound to a minimum to preventing harassers from harassing. If you’re in a life threatening situation a judge may use restraining orders to prohibit violent people from calling or being near you.
When Can I Get One?
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, it might be a fantastic idea to get one ASAP.
With violence towards you or your kids (record conversations or catch video of these acts) a restraining order can prohibit your partner or spouse from communication 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.
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 can stop all communication between you two if necessary.
If you’re able to demonstrate that your ex is hiding or destroying monetary assets to keep you from getting your portion, the court can issue a restraining order to stop additional destruction. You might even ask for a restraining order from a third party such as a lender from helping in disposing of assets.
If you own a company or inventor, then you might get a restraining order in a patent and trademark infringement suit. Promoting or producing a product which you devised or using your emblem with no approval is infringing upon your possession rights.
How To Get a Restraining Order?
If you are a victim or potential victim, then you have to apply for a restraining order in front of a judge. You have to convince the judge that it is essential to stop the person from continuing or preventing imminent harm. With a domestic violence situation, the judge could issue a temporary order then hold a hearing.
Following the hearing, as soon as your restraining order is in effect, Georgia authorities are led by statute to detain the suspect, for breaking the order. Violation of the restraining order is a crime and the violator will be charged for breaking the order.