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Temporary Injunction Form With Motion To Dismiss In Georgia
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(1) If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 90 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner.
The family violence registry, which is not public record or part of someone's criminal record, is intended to be confidential except for purposes of law enforcement investigation.
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.
A defendant may choose to submit a motion to dismiss for one of two reasons: 1) to allege a lack of jurisdiction over the defendant; or 2) to show that the plaintiff's claim is without legal or factual merit.
At the hearing, you and the respondent will have a chance to prove your case, and the judge will decide whether or not to issue a final order. A final order will generally last for up to one year. However, you can later file a motion asking that it be extended for up to three years or permanently.
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.
The formal TPO is usually served on the other party within hours of being granted. The protections afforded by a TPO go into effect immediately upon papers being served on the other party. A TPO is usually in effect for two to three weeks while a court hearing is scheduled.
Grounds for Contesting a TPO 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.
What is a “motion to dissolve,” and what happens if I file one? If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order.
After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to ...