Georgia Law on Temporary Protective Orders

When you feel threatened, harassed or in harm’s way, it is important to know that in addition to contacting law enforcement, Georgia law gives you other legal tools to protect yourself. The State of Georgia allows for you to pursue a Temporary Protective Order (TPO) to shield you or your family members from potential danger or harm. A TPO can protect you from contact with your abuser and could potentially award custody of the children involved, child support, and could even order the abuser to provide payment or housing temporarily in some instances. There are some caveats to obtaining a TPO, and it is important to know if the situation warrants one before pursuing a TPO from the court. 

There are typically two (2) types of TPOs you can obtain in Georgia; A Family Violence TPO or a Stalking TPO.

Family Violence TPO Requirements: 

To obtain a Family Violence TPO, you must be able to show that these two requirements are met.

  1. Relationship – The violence must occur between individuals that have a history with one another. This can come in many forms, but the common denominator is a prior relationship. Examples of a prior relationship can be:  
    • Spousal Relationship (e.g., Husband and/or Wife)
    • Prior Spousal Relationship (e.g., Ex-Husband and/or Wife)
    • Parent of the children involved
    • Stepparents or foster parents
    • Parents and Children
    • Anyone who has lived in the household prior 
  2. Violence Occurred – The attack/violence must meet certain criteria to require a TPO in the eyes of the court, so it is important to reflect on the nature of the violent act and if it meets the criteria for this specific action. The following options should help identify the need for a TPO:
    • If the act is a felony 
    • If the act is assault and/or battery 
    • If the act is stalking 
    • If the act is criminal trespass 
    • If the act is an unlawful restraint
    • If the act caused criminal damages to one’s property 

If both of these requirements are met and the individual filing is 18 years of age or older, there is the potential for a Family Violence TPO to be issued. If one or both of the requirements are not met, there are still options for obtaining protection.  Requesting a restraining or protective order or enacting “The Stalking Law” , which does not require a prior relationship, could better suit the situation and still protect you and your family members.  

Stalking TPO Requirements: 

  1. A pattern of behavior;
  2. Results in the harassment and/or intimidation of another person

This pattern of behavior must place the “victim” in fear for their safety or the safety of a family member.  It does not mean that there has to be a direct threat of violence, just that the behavior gives the victim reasonable concern that they or a family member is in danger.  This reasonable concern should be more than mere annoyance.

 

How to request a TPO: 

 

After filing for a Temporary Protective Order, there will be a waiting period of a maximum of 30 days before the hearing. Should the situation demand immediate action, a temporary protection order will be issued by the Judge until the hearing, to ensure the safety of the victim and their family. Regarding the hearing, both parties must attend, and evidence on both sides may be presented and reviewed before the ruling. The ruling has the potential to range anywhere up to three years, but can also be made permanent depending on the case. 

 

How TPOs can help: 

If a TPO is violated, the protected party can contact their local authorities to cease contact and even pursue the arrest of the violating party.  Continued contact and/or harassment can be considered a felony, and the protective order can be made permanent should the violations persist. 

 

 Contact us if you feel that you need a TPO or if you have been served with a TPO.