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A Temporary Protective Order (TPO) is a formal order issued by a judge that blocks a person from having any contact with the person filing the TPO. A TPO serves to protect people (often a parent and minor children) from harm caused by harassment, intimidation or physical abuse. A temporary protective order (TPO) is a restraining order.
A TPO can be obtained and served on the other party in about 24 hours. The protections provided by a TPO are effective immediately when the Order is served by the Sheriff's department. This can give block the offending person from being at your home, stalking or harassing you. Violation of the order will be cause for immediate arrest.
A temporary protective order is usually valid for two to three weeks. A court hearing will be scheduled to evaluate the circumstances, and determine if the order should be dropped or extended. The petitioner and respondent are both required to attend the hearing and each may present their case for extending or dropping the order. If the court decides to extend the protective order it could be for several months, or given a permanent status in extreme situations.
A temporary protective order generally forbids the alleged abuser from having any direct or indirect contact with the person(s) provided protection under the court order. Common stipulations are requiring the respondent to stay at least 1500 feet from the persons protected, no forms of communications between the parties, and other similar requirements to block contact.
You can attempt this process on your own, however; hiring a family law attorney can increase your odds of getting the TPO you need.
Obtaining a restraining order in Georgia is a two step process. First, you must visit with an advocate to complete an initial screening which documents the reasons and evidence for requesting a TPO. Upon completing the screening you are required to swear an oath that the information provided is real and accurate. Your request is then prepared to be handed to a Superior Court judge for consideration.
Next, will be taken to appear before a judge in court. You will be asked to briefly summarize your situation, and answer any questions the judge may have ask. If the TPO is granted, the order can include directives on temporary child custody, child support, spousal support, and possession of the marital property.
If your request is granted you will be escorted to another area of the courthouse where the protective order will be prepared, stamped and handed to you. The court system will have the TPO served on the alleged abuser by a sheriff’s deputy within hours of the order being granted.
You should familiarize yourself with every detail of the order. Also keep a copy of the TPO on your person at all times in the event police are called. It may be necessary to advise your children's school, daycare or caregivers of the situation. The police will need to read the order to handle any issues in an appropriate manner.
Sometimes a person may obtain a TPO based on false assertions. This is not only an injustice but also a matter that can affect your personal reputation or job. If you have been unjustly served with a TPO we can represent you to request the court order be removed.
Even if there are reasonable grounds to have obtained a TPO it doen't mean it is permanent. If you have been served, you have the right to appear with a lawyer in 2 weeks to have the TPO lifted.
Our family law attorneys can represent you to have a temporary protective order (TPO) dismissed. Our lawyers can challenge the allegations or show that any perceived problems no longer exist.
Legal representation is especially important because a TPO can affect child custody and visitation. Moving forward, it can negatively impact housing, employment, and firearm rights. The outcome often depends on how evidence and testimony are presented to the judge.
Give us a call!
678-880-9360