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SC-18 FAQ
The crime of stalking is set out in O.C.G.A. §16-5-90 and states that a person will be convicted when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.
Violating a restraining order in Georgia can come with serious repercussions including being charged with aggravated stalking or going to jail. Violating a protective order can come with a penalty of up to 10 years in prison and a fine up to $10,000.
You should bring any and all evidence you have to go the hearing to demonstrate that a restraining or protective order is required in order to protect you. To obtain a temporary restraining order, you must show that you will suffer immediate irreparable harm unless the order is issued.
What happens at a TPO hearing is similar to other civil cases. At the TPO hearing, the petitioner will present his or her evidence first. Then, the respondent will present his or her defense (or his or her counterclaim for a TPO against the petitioner). The applicable rules of evidence will apply.
In Georgia, there are two types of family violence protective orders. A temporary ex parte order is designed to protect you from the abuser until the court holds a hearing. A hearing is mandatory before you can receive a long-term family violence protective order.
There are three types of protective orders available in Georgia: family violence protective orders, stalking protective orders, and employer protective orders. You'll have to specify which type of protective order you are petitioning for.
In certain instances, a TPO case can be sealed by a superior court judge, but success in sealing these records can be very limited. Effectively, that does make a TPO and the allegations either party makes against the other, a public record.
You may be able to beat a TPO in Georgia if the full TPO hearing is not held within 30 days after the filing of the petition for temporary protective order. The TPO hearing where the petitioner must prove his or her allegations against the respondent must occur within 30 days after the filing of the petition for TPO.
Ori Related content
Get a Protective Order | Georgia.gov
Stalking protective orders: Victims of stalking can petition for a protective order...
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