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Restraining orders and protective orders are helpful tools for protecting people from harassment or violence. These are judicial orders that restrain a person (the defendant) from taking certain actions, such as contacting you or coming near your family. At Moffitt Law, LLC, we have obtained both restraining orders and protective orders for clients, and we can defend someone subject to the order. Call us to speak with a LaGrange, GA domestic violence attorney.
What is a Protective Order in Georgia?
There are different types of protective orders:
Family Violence Protective Order (FVPO)
This is a very common protective order in Georgia and is what most people think of when they hear “restraining order” or protective order. Under Georgia Code § 19-13-1, you may obtain a Family Violence Protective Order against an abuser if they are:
- Current or former spouse
- Person you live with currently or used to live with
- Coparent of a child
- Parent, stepparent, or child
- Current or former romantic partner
A victim may seek a Family Violence Protective Order if the defendant is accused of committing any family violence, which includes a felony or battery, assault, stalking, and similar crimes.
A valid FVPO can demand that the abuser not contact you, stay away from your home, vacate a home, not go near work, and surrender firearms. The order may also award temporary custody, child support, and spousal support.
Stalking Protective Order (SPO)
This is another common protective order in Georgia. A victim may seek an SPO against someone who is not a family member for stalking or harassment. Often, people seek an SPO against coworkers, acquaintances, neighbors, and strangers. (Georgia Code § 16-5-94.)
Like an FVPO, this order can prohibit the defendant from contacting or coming near the victim. The order might also require surrendering firearms.
Temporary Restraining Order in Georgia
A temporary restraining order (TRO) is a civil court order used for various disputes, including business or property disputes.
How to Obtain a Protective Order or Restraining Order in LaGrange, GA
The process will depend on which order you are seeking. Generally, the person seeking the order goes to the local Superior Court, or the court where the family violence or stalking occurred.
The plaintiff should file a sworn petition with the court, which has the power in many cases to order a temporary protective order “ex parte.” That means the defendant is not heard.
The temporary order is served on the defendant and is fully effective. The court will also schedule a hearing so both sides can offer testimony or evidence as to whether a permanent order is necessary.
For example, a defendant might present evidence that they did not even commit domestic violence. Instead, they argued that the alleged victim started everything, and the defendant was merely protecting himself. A judge is usually deferential when deciding whether to grant a temporary order, but at a hearing, a judge will need proof of why a permanent order is necessary.
A Family Violence Protective Order is valid for up to one year but may be extended for a total of three years.
What Happens if a Defendant Violates a Protective Order or Restraining Order?
These orders are not suggestions. The court expects the defendant to fully comply with all terms. Any violation can result in the police arresting the defendant. A defendant can also face criminal charges.
A first violation is typically a misdemeanor, which can result in up to one year in jail. A second or subsequent violation can result in felony charges.
A key point: the person protected by the order does not get to unilaterally dissolve it. For example, a woman might get an order against her boyfriend after a domestic dispute. The order prohibits the man from contacting his girlfriend or going to her house. Even if she initiates contact, the defendant is still subject to a valid protective order.
Any order remains in effect until a judge dissolves it. Call our office for assistance with your case. We can ask a judge to remove the order and provide other advice. We can also defend anyone accused of violating the order.
Schedule a Confidential Consultation with Our Firm
Moffit Law LLC, can meet for a free consultation to go over your options. Our criminal defense lawyer can defend you at a hearing on whether to issue a permanent order. We can also try to get a permanent order set aside. Our firm is available to meet with anyone in the 30240 zip code about their pending charges. Contact us today!
