Mutual Restraining Orders in Georgia Mutual restraining orders are used to keep the status quo between the parties. For example, most MROs provide that neither party can cancel health or auto insurance policies, sell marital assets, or remove the children from the county, state, or country.
Testimonies from the accuser and witnesses are often considered the most reliable and impactful evidence. Audio or video recordings and photographs can also be used to provide evidence in a harassment case. Forensic evidence, such as emails and text messages, can be used if available.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
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. Contact can include direct communication, such as: Phone calls.
Key Differences A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.
Filing a Civil Lawsuit Talk to an attorney who specializes in civil harassment cases. Gather evidence of the harassment. Collect evidence of the damage the harassment has caused you. Draft a complaint listing your allegations and damages. File your complaint with your local civil court.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.
In situations in which a WMC victim is harassed or intimidated (including through electronic means), he or she may file a petition for a restraining order for his or her harasser for stalking to prevent further contact with the harasser. See Ga. Code Ann. §§ 16-5-94, 16-5-90, above under Civil Stalking Laws.
You may need to present proof of relationship to the respondent and proof of violence, such as assault, stalking, or threats. Explanation of why you believe you need protection. Please consult with your legal representative to determine what explanation you need for your protective order petition.
Family violence protective orders may include several legal remedies designed to protect the petitioner. One such remedy is a “no-contact” order. In simple terms, a no-contact order prohibits the respondent–the person accused of domestic violence–from having any contact with the petitioner.