A restraining order is a court’s demand that someone cease specific conduct and not repeat it. If the subject of the order violates it, they face legal consequences, including jail.
Divorces and breakups often inflame emotions increasing the likelihood of threats or abuse between the former partners. “How do I file a restraining order in Georgia?” is a question family law attorneys hear often.
Because of the urgency in many cases, the process is reasonably simple. Still, it helps to have the assistance of a qualified legal professional to guide you.
Different Forms of Restraining Orders
“Restraining order” is a term that can mean different things depending on when and how it is used. A Georgia attorney from our firm can help you with the terminology which can often be confusing.
A temporary protective order (TPO) is a form of restraining order. It is issued in response to family violence, dating violence, or threats and harassment. When a TPO must be extended, the long-term order is often called a restraining order.
A judge often issues standing orders automatically when a couple files legal proceedings to divorce or resolve custody or support issues. The standing order is a form of restraining order that locks the status quo in place until the judge can decide the issue in dispute.
Initial Application for a TPO
When someone has been the victim of violence or threats, they can apply for a Georgia TPO by filing a petition with the clerk of the Superior Court of the county where they reside. The clerk cannot answer legal questions, so it is best to consult an attorney when preparing the petition to file with the court.
The request must contain evidence that the other party was violent or threatening, and immediate relief is necessary. It also must spell out what sort of relief the petitioner seeks. For example:
- Vacating the home;
- Staying away from the petitioner’s home and workplace;
- Not contacting the petitioner through electronic means, social media, or third parties.
When the judge feels the petitioner has demonstrated another person poses a credible danger, they will issue a TPO. The order is issued ex parte, meaning the person who is the subject of the order (respondent) is not present. The Sheriff will serve the order on the respondent, and the TPO remains in effect until the court holds a hearing where the judge evaluates evidence from both sides.
Hearing for a Permanent Order
According to the Official Code of Georgia §19-13-3, when a judge issues a TPO after allegations of family violence, the Georgia courts must schedule a hearing within 10 days of the date of the petition. When the court schedule does not permit a hearing within 10 days, it must be held within 30 days, or the TPO terminates. The same timeline applies when the TPO is issued due to allegations of dating violence or stalking.
Both parties attend the hearing. The petitioner must prove the allegations described in the request for the TPO. The respondent can refute the petitioner’s evidence and present its own. It is recommended that legal counsel represent both parties at the hearing.
When the judge is convinced that a credible threat to the petitioner still exists, they can extend the provisions in the TPO and incorporate them into a restraining order. If the judge does not feel that continued restrictions on the respondent are appropriate, the court can lift the TPO.
Work With a Georgia Family Law Attorney On Restraining Order Issues
When someone asks how to file a restraining order in Georgia, they are usually referring to a TPO. These orders temporarily restrict certain behavior by someone else.
If you need a restraining order, it is important to do things correctly the first time so there are no delays. If you need to defend yourself against a restraining order, you must put your best foot forward to convince the judge you are not a threat.
Contact a member of the legal team at the Atlanta Divorce Law Group for help. Reach out now.
