How and When to File a Temporary Protective Order
October is Domestic Violence Awareness Month. One of the most important tools in the fight against domestic violence is the temporary protection order, or TPO. There are different types of family violence protective orders available in Georgia. These orders are meant to protect the people named therein; as such, when violations result in a criminal charge. If you are considering filing a protective order in Atlanta, here is what you should know.
Types of Orders
There are two types of protective orders in Georgia.
A temporary ex parte order protects you from an abuser before you go to court. This is an order in lieu of one that is long-term in nature. You can receive this type of order without a hearing and without the abuser having prior knowledge.
In order to receive this order, you must file a petition with the court. Your order will be granted if the judge believes you are in immediate physical danger. These orders may last up to 30 days or until the date of your official court hearing. They may be extended beyond 30 days if both parties are in agreement.
The second type of order is a family violence protective order. These orders are issued only after a court hearing at which both sides have been permitted to give testimony. These orders may last up to one year, but can be extended for three.
How These Orders Help
An ex parte order is designed to help you by ordering the abuser to not contact you. The abuser may not interfere with your travel or day-to-day living, place you under surveillance or get rid of any pets or property. There are a variety of conditions that may be placed in an ex parte order. Seek the advice of your counsel if you believe that such an order would be beneficial in your unique situation.
If you need help filing a TPO in Atlanta, reach out to our office. A member of our team will schedule an appointment for a free case evaluation and assist you in filing your petition. Call now or browse our website for more information about our firm.