A Georgia Protective Order — Civil Trial is a legal mechanism designed to provide protection for individuals who have experienced harassment, domestic violence, stalking, or any form of physical or emotional abuse. This order is granted by a civil court and aims to prevent further harm to the victim by establishing certain legal boundaries and constraints on the abuser. It is important to note that protective orders are civil orders and should not be confused with criminal charges or criminal protective orders. In Georgia, there are various types of protective orders that victims can seek, depending on the circumstances of their case. These include: 1. Temporary Protective Order (TPO): Also known as an ex parte order, this type of order is obtained on an emergency basis when immediate protection is needed. A judge can grant a TPO without the presence of the alleged abuser, based solely on the victim's testimony and evidence of abuse. 2. Family Violence Protective Order (FPO): This type of protective order is specifically designed for cases involving domestic violence. It is available to individuals who have experienced violence from a current or former intimate partner, family member, or household member. Capos can provide a wide range of protections, such as barring contact, eviction, establishing child custody arrangements, or ordering the abuser to attend counseling programs. 3. Stalking Protective Order: This order is available to victims who have been subjected to stalking, whether in person, electronically, or through other means. It aims to prohibit the stalker from contacting, following, or harassing the victim, ensuring their safety and peace of mind. 4. Sexual Assault Protective Order: Victims of sexual assault can seek this type of protective order to ensure their safety and prevent further harm. It may include provisions that prohibit the alleged offender from contacting the victim, visiting certain locations, or possessing firearms. 5. Elder Abuse Protective Order: This type of protective order is specifically designed to protect elderly individuals who are being subjected to abuse or exploitation. It can be sought by the elderly person themselves or by a guardian, family member, or any concerned party. Obtaining a protective order in Georgia generally involves filing a petition with the appropriate court and attending a hearing. It is crucial to provide sufficient evidence and documentation to support the claim of abuse or harassment. If the protective order is granted, it is imperative for the victim to keep a copy of the order at all times and notify law enforcement agencies if the abuser violates the terms. In summary, a Georgia Protective Order — Civil Trial is a legal tool that provides crucial protection and peace of mind for individuals who have experienced abuse, harassment, or violence. It encompasses various types of protective orders tailored to specific circumstances, such as domestic violence, stalking, sexual assault, and elder abuse. Seeking a protective order can be a crucial step in ensuring safety and preventing further harm to victims in Georgia.
Georgia Protective Order - Civil Trial
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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 you file the motion, the court will decide whether or not to schedule a hearing.
If the judge in a county court issued a final protective order against you or denied your request for a final order, you may be able to appeal to the chancery court. When the court has issued a final order after a trial, there would not be a new trial on appeal.
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.
If you want to dismiss your Order, call your Legal Advocate to discuss your options and review a safety plan. If after talking with your Legal Advocate you want to request the order be dismissed or modified, you will sign a motion for dismissal that will be presented to the Judge that handled your case.
Restraining Orders; Protective Orders. A person who is not a minor who alleges stalking by another person may seek a restraining order by filing a petition alleging conduct constituting stalking as defined in Code Section 16-5-90.
Hiring an Attorney If you are wondering how to fight a false allegation of domestic violence in Georgia, the most important step you can take is to engage a family violence defense attorney.
Notice of the TPO and the court hearing is then served upon the person who is the subject of the TPO. At the hearing on the TPO, the judge will allow both parties to present evidence and argument as to why the TPO should or should not remain in effect.