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The main purpose of a motion is to request the court to take a specific action regarding a case. In the context of a Fulton Georgia Motion to Clarify and / or Reconsider and for Protective Order, it aims to resolve uncertainties or seek changes in prior decisions. This legal tool supports a more effective judicial process by allowing parties to address concerns directly with the court. Understanding how and when to use motions can greatly benefit your legal strategy.
In Fulton, Georgia, a motion to dismiss can be based on several grounds. Common reasons include lack of subject matter jurisdiction, improper service of process, or failure to state a claim upon which relief can be granted. Filing a Fulton Georgia Motion to Clarify and/or Reconsider can help address issues that may arise during this process. As you navigate these legal waters, consider using US Legal Forms for structured guidance.
Family violence protective orders last up to one year, but, you can file a motion to ask the judge to turn your temporary order into an order that lasts for up to three years or a permanent order, with no expiration date.
The TPO process is not a criminal case, but rather a civil case. As such, a TPO case will not result in an entry onto someone's criminal record, unless someone commits a crime related to violating the TPO.
If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order. You may have to talk to the judge and tell him/her why you want to drop the restraining order.
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.
For how long is a protection order valid? Protection orders, once granted, never expire.
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.
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.
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.