A temporary protective order is a form of restraining order issued to protect someone from harassment or credible threat of harm. Specifically, these court orders are designed to prevent someone who has harassed or stalked you in the past from doing so in the future by preventing them from coming into close contact with you.
Temporary protective orders are commonly issued after allegations of family violence, and a violation of an order’s terms could result in serious consequences. Let an Alpharetta temporary protective order lawyer help you secure an order that can keep you safe.
A family violence protection order seeks to protect individuals from continued domestic abuse at the hands of a spouse, family member, roommate, or even a former partner. Any two people who share a familial, household, or romantic relationship could be subject to a temporary protective order in Alpharetta. The possible relationships include:
An Alpharetta attorney can offer guidance on whether you may be entitled to a temporary protective order.
You must follow a certain process to request and secure a temporary protective order. Typically, the survivor initiates this process; however, someone acting on their behalf could do so as well. An Alpharetta attorney can help you or a trusted loved one pursue a temporary protective order.
This process begins with filing a petition for a temporary protective order in the Superior Court where the target of the order lives. The petition should spell out all of the important facts in the case, including the relationship between the parties and the allegations of abuse.
Next, a judge will review the information presented in the petition. If they agree that domestic violence is likely to occur again, they have the power to issue a temporary protective order immediately. The court may issue this order ex parte, meaning the target of the order was not present to defend themselves.
The terms of the order can vary, but they will typically provide instructions on how the accused must avoid any contact with the survivor. Only after the order is issued by the court will a copy be served on the alleged abuser. This temporary family violence order will remain in place for 30 days or be made permanent by the court.
Ultimately, the abuser will have the opportunity to make their case at a final hearing after the 30 days of temporary protection have expired. At that hearing, the judge will hear from both sides and determine whether the order should be left in place indefinitely or removed.
No one should have to face the prospect of abuse or violence from a family member or roommate. To prevent this abuse from happening again, filing a temporary protective order might be in your best interests.
Learn how an Alpharetta temporary protective order lawyer at our firm can help in your case. Call today for a confidential consultation.