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Temporary Restraining Order Sample With No Experience In Georgia
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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.
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.
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.
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.
(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.
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 burden of proof generally lies upon the party who is asserting or affirming a fact and to the existence of whose case or defense the proof of such fact is essential.
Additionally, to defend against a TPO involves demonstrating the petitioner's failure to prove alleged family violence or stalking during the hearing. The burden of proof lies with the petitioner, and failure to meet it may result in dismissing the TPO petition.
Your TPO can be obtained in approximately 24 hours. 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.