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Temporary Restraining Order Form With Google Docs In Georgia
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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 burden of proof for a TPO in Georgia is “preponderance of evidence.” This means that the petitioner must demonstrate that it is more likely than not that the alleged behavior occurred and that it necessitates a protective order.
If you need protection right away, take your forms to a court clerk. Some courts allow online filing, also called efiling. You can find out if your court has online filing by visiting your court's website.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
An Ex-parte Protective temporary 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. For this reason, courts usually attempt to schedule hearings quickly.
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.
Parents may agree on a temporary order. Otherwise, they can ask the judge to decide the details of a temporary order after listening to both sides in a hearing. A temporary order remains in effect until replaced by a final order, unless it's first modified by the judge or by the parents together.
Can I get an order of protection without the help of an adult? Can I bring a friend or other person with me for support? Do I need to have an attorney? You do not have to have an attorney at the hearing but you may want one, especially if you think the abuser will have a lawyer.
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.
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.