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Temporary Restraining Order Sample Without Notice In Georgia
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In simple terms, a no-contact order prohibits the respondent–the person accused of domestic violence–from having any contact with the petitioner. Generally speaking, “no contact” means no contact. The order itself may specify the types of contact that are of particular concern to the petitioner or the court.
Filing for restraining orders without reason or grounds won't help you in the family court. To get a protective order, especially in domestic violence cases, you need sound proof of what you are claiming.
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.
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.
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.
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.
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.
For the purposes of this article, the term “harassing and intimidating” means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing ...
A no contact order is a signed order by a judge that prevents a person from being in physical or verbal contact with another person. They tend to be temporary and set for a specific amount of time. This means a person may not contact the other person via face-to-face or over the phone or internet.