This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
Georgia USLegal Guide on Restraining Orders and No Contact Orders
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Multi-State
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US-GDE-09
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FAQ
After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
After a no contact order is filed, the court will specify the details, like how many feet or yards away the individuals must stay from one another. The defendant cannot see the petitioner at work, school, and home and must cease all communication with the victim.
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.
An ex parte order can be issued by the court without the presence of the stalker (respondent). After the court issues an ex parte order, a hearing must be held within 30 days, at which point 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.
The Georgia Protective Order Registry is an online service that stores all Protective Orders issued by the Superior Courts of Georgia as authorized by the Family Violence statutes of the state.
If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.
They can file a motion or set up a hearing so you can come into court and explain to the judge why you don't want the no-contact order. If working through the prosecutor is unsuccessful, you can always try writing a letter to the court.
One way to fight a TPO in Georgia is to challenge the petition for TPO procedurally. Pursuant to the Georgia TPO statute, there are specific procedural requirements that must be followed. If certain procedural requirements are not satisfied, you may raise this issue with the court to challenge the TPO.