Fulton Georgia Petition to for Restraining Order due to Domestic Violence

State:
Multi-State
County:
Fulton
Control #:
US-02223BG
Format:
Word; 
Rich Text
Instant download

Description

A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.

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  • Preview Petition to for Restraining Order due to Domestic Violence
  • Preview Petition to for Restraining Order due to Domestic Violence
  • Preview Petition to for Restraining Order due to Domestic Violence

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FAQ

To obtain a TPO, the victim, or someone acting on the victim's behalf, must go to the Superior Court in the county where the Defendant (abuser) resides to file a Petition outlining the specific acts of family or dating violence, which have occurred.

Violating a protection order is a misdemeanor and punishable by up to $1,000 and up to one year in prison.

Violating a restraining order in Georgia can come with serious repercussions including being charged with aggravated stalking or going to jail. Violating a protective order can come with a penalty of up to 10 years in prison and a fine up to $10,000.

If a person violates a no contact orders, he or she can face serious consequences. Consequences often include potential jail time, the payment of fines or the loss of certain civil rights. Generally, consequences related to contempt of court can be imposed on a person who violates a no contact order.

If you are reported to the police for breaching your restraining order, the police will usually sign a criminal complaint which means that you are then in contempt of court. You may also be arrested, depending on the type of order in place and the nature of the breach committed.

Get a Protective Order Gather What You'll Need. Proof of identity, such as a valid Georgia driver's license.File a Protective Order Petition.Appear in Court.Next Steps.

How do I apply for a Temporary Protective Order (TPO)? A person can apply for a Temporary Protective Order (TPO) at the Superior Court of Fulton County Family Division's office located at 136 Pryor Street, 8th Floor, Suite C-826, Atlanta, Georgia 30303. The phone number is 404-612-4579.

There is no cost to file for a family violence protective order. While you do not need a lawyer to file for a family violence protective order, it may be better to have one, especially if the abuser has a lawyer.

Violations of a TPO can have dire consequences in the form of immediate arrest of the violator for the criminal offense of 'Aggravated Stalking' (a non-bondable felony) or, if the impermissible contact of is of a less egregious nature, 'Violation of TPO' (a high and aggravated misdemeanor).

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Fulton Georgia Petition to for Restraining Order due to Domestic Violence