A temporary protective order is one type of order that a judge can hear in cases of domestic violence. Only particular individuals, however, can request temporary protective orders. Applicable law in the state of Georgia requires that there be a family relationship of some sort between the parties and an act of family violence that occurred.
The Types of Temporary Protective Orders
Many individuals are unaware that in the state of Georgia, there are two types of temporary protective orders:
- Temporary Restraining Order: This type of order is also referred to as a Temporary Restraining Order in the state of Georgia and is used to protect individuals from family violence.
- Temporary Protective Order: This type of order is a stalking temporary protective order and is often used in the state of Georgia when a person either follows or places another person under surveillance for the purpose of harassing and intimidating that individual.
The Elements of Temporary Protective Orders
Temporary protective orders are issued by courts upon petition and protect victims of abuse no matter whether that abuse is emotional, mental, or physical. Temporary protective orders often include several particular elements:
- Communications of either verbal or electronic form is barred by temporary protective orders.
- Temporary protective orders have the potential to be granted to children.
- Temporary protective orders have the potential to significantly affect parental rights.
- Violating the terms of the temporary protective order are often considered contempt.
Temporary Protective Order Hearings
An individual has a right to a hearing within a 30-day period, which means that if an Emergency Order is granted, a hearing will be set at that time, as well. The hearing will not be held until the individual is served. In order for the individual to be served, the petitioner must provide local authorities suggestions on the whereabouts of the respondent. In order for a temporary protective order to be extended beyond the 30-day period, an individual needs to explain to a judge why the order should be effective for the course of one year. Both sides will then have the opportunity to tell stories at a hearing and are expected to ask questions and examine witnesses. This hearing is an essential part of the temporary protective order process and individuals must be well-prepared for the procedure. If a judge does grant a temporary protective order, the order is effective immediately and enforceable by every law enforcement agency in the state. Subsequently, the offending individual will be arrested if the temporary protective order is violated.
Contact a Skilled Attorney
At the law firm of Vayman & Teitelbaum, P.C., our legal counsel knows how to best provide strong and aggressive criminal defense in response to temporary restraining orders. Our firm understands the significant impact that a restraining order can have on an individual’s life and will work hard to help individuals respond to such matters. Do not hesitate to contact our firm today by contacting us online or calling the firm at 678-736-7700 in order to initiate matters.