Motion For Issuance Of Temporary Restraining Order Sample In Georgia
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FAQ
One of the primary restrictions imposed by a restraining order in California is prohibiting any form of contact between the individual subject to the order and the protected person.
How Long Will a Temporary Order Last? An Ex-parte Protectiveemporary Order will last up to 30 days or until your court hearing. If your court hearing is held in another county or is delayed, the Order can be extended, but this often requires agreement by both parties.
The temporary protective order goes into effect when the order has been served to the respondent. Temporary protective orders usually expire after 6 to 12 months. You must petition the Superior Court if you wish for the order to be extended or to be converted to a permanent order.
(The TPO action is a separate action from the divorce.) To prevail, the Petitioner has to prove by a preponderance of evidence that an act of family violence occurred. It is not a heavy burden of proof.
Several key grounds can be used to challenge a TPO effectively. Lack of Evidence: One of the most common reasons to contest a TPO is the absence of substantial evidence. The petitioner must provide sufficient proof of family violence or stalking. If they fail to do so, we can argue that the TPO should not be granted.
Appeals: If the TPO is granted, the respondent has the right to appeal the decision. This can be done at the Superior Court, and it may involve a full hearing with both parties presenting their case again.
Temporary Protective Order (TPO) Application Process: Hearing: Subsequently, a hearing is scheduled, providing an opportunity for both parties to present their cases. At this stage, the court evaluates the evidence and testimonies to determine the necessity of extending the TPO.
The temporary protective order goes into effect when the order has been served to the respondent. Temporary protective orders usually expire after 6 to 12 months. You must petition the Superior Court if you wish for the order to be extended or to be converted to a permanent order.
Temporary custody orders often become permanent, but they may change if the evidence presented supports a change. At trial, you have an opportunity to present the court with more evidence than it likely had when it entered the temporary order.
