When you are the victim of family violence, dating violence, or stalking, you need practical help fast. A restraining order can offer you legal protection.
You can petition the family court in the county where you live for a restraining order, but you must have proof that someone is endangering you. Before you submit your petition to the court, you must understand what proof is needed for a restraining order in Georgia. If you need help compiling your documents or understanding the process, speak with a local family law attorney from Atlanta Divorce Law Group.
Process for Getting a Temporary Protection Order
There are different types of restraining orders. The restraining order a judge issues to protect someone from violence or stalking is called a temporary protection order (TPO).
The person seeking the order—the petitioner—must file a petition asking the court to grant the TPO. The petitioner must describe the events that cause them to feel that they need an order of protection. The events must show that it is probable that the petitioner would be subjected to violence or harassment if the order is not granted.
The petitioner must also swear an oath in front of a notary that the information they provide in the petition is true. This is called verifying the petition. An unverified petition is not acceptable, but court personnel can administer the oath to verify the petition when they accept it.
Proving the Need for a Permanent Order
A family court must hold a hearing within a few weeks of issuing a TPO. According to the Official Code of Georgia §19-13-3, at that hearing, the petitioner must present proof that the TPO was necessary. The hearing is very important because the judge decides whether to keep the limitations in the TPO in place, change them, or lift them. It is wise to get legal representation for this hearing.
The proof depends on the nature of the threat. If the respondent committed physical violence, a police report, medical records, photographs of the injuries suffered or damage done to the premises could be sufficient proof. The testimony of any witnesses who were present during the incident could be important.
When the respondent was stalking or harassing the petitioner, proof of the harassment is necessary. Copies of cell phone records showing multiple frequent calls from the respondent’s number could be evidence, along with copies of text messages or voicemails. If the respondent was physically stalking the petitioner, notes of when they appeared—including dates, times, and locations—would be important. Photographs and video of the respondent in the area around the petitioner’s home or workplace could be valuable evidence.
Contact a Family Law Attorney in Georgia for Help With a Restraining Order
When a situation is so bad you feel you need a restraining order, the stakes are high. The proof needed for a restraining order in Georgia depends on what happened and what sort of protection you are asking the court to grant.
Avoid errors and delays by working with a local family law attorney. Reach out to the Atlanta Divorce Law Group today.
