Restraining Order GA

Georgia allows victims to seek temporary and/or long-term protection from another individual due to abusive behavior, both physical and emotional. These protections can be for those looking for safety from a family member (family violence) or an abuser with whom they may have no relationship (civil stalking).

Restraining Order Georgia Without My Consent

There are two types of family violence protective orders in Georgia which can be issued after filing the proper paperwork with the court system, both of which are designed to protect the victim from an abuser. A temporary ex parte order is good for 30 days maximum or until your court hearing is scheduled at another court in the same circuit. These orders can be extended but both parties must agree to extend. A family violence protective order may be issued after the court hearing and is valid for one year (which can be extended up to three years).

To get a better understanding of your rights, either as a victim or a respondent of a restraining order GA, contact a criminal attorney Atlanta at The Law Ladies.

The first step in filing a restraining order is to complete the required forms for a temporary protective order. These forms are filed with the superior court of the county where the abuser lives. If the abuser lives in another state, you can file for a restraining order within your residing county. There are various regulations between states for this situation.

The Law Ladies have the expertise to handle these cases and will give your case the personal attention it deserves.

How to File a Restraining Order in Georgia

In order to file a restraining order in Georgia, the required forms must be completed. This should be filed with the superior court in the residing Georgia county of the abuser. If the abuser does not reside in Georgia, you may file with the superior court where you reside or where the abuse occurred.

Numerous domestic violence organizations also have the resources to help you start the process. You will need to have a form of identification when you file with the court system. The experts at The Law Ladies can simplify this process for you.

The process of obtaining a restraining order in Georgia is somewhat straightforward at first glance, but it is beneficial to have legal help when wading through the process. Filing with the superior court system in a timely manner is the first step. As your attorneys, Law Ladies Ashley McMahan and Jasmine Barber will use their expertise in getting your forms filed to meet all requirements.

How to Get a Restraining Order in Georgia

Listed below are the steps in obtaining a restraining order in Georgia:

1. File the necessary forms with the appropriate superior court.
2. Get an ex parte temporary protective order (TPO).
3. Service of process
4. Court hearing (typically within 30 days) at which time a final protective order may be issued.

Contact The Law Ladies to get your process started and get you and your family on the road to recovery.

A temporary restraining order can be issued for a 30-day period with the intention of protecting someone from immediate harm. A court hearing must be held within 30 days from the issuance date in order to determine the next step.   

Although these are by nature temporary, this type of restraining order can offer some peace of mind and legal protections for people who are in imminent danger. With a temporary order in place, you have time to decide what to do next.

The Law Ladies can take action in getting your restraining order filed as quickly as possible and help put you on the road to safety.

Cases of harassment or intimidation fall under the Civil Stalking Laws in Georgia. This situation covers instances when someone (stalker) follows, contacts, or puts under surveillance another individual without the consent of that individual. Harassment or intimidation occurs when the victim suffers emotional distress and fear for their safety or the safety or their family due to repeated instances of surveillance or contact. 

Victims in these circumstances can file for ex parte temporary protective orders and final protective orders. Ex parte orders are those filed without the presence of the stalker. After an order is issued, the court must hold a hearing within 30 days where each party presents their evidence. A temporary order maintains that the stalker has no contact with the victim, stops all harassment, and keeps a specific distance away from the victim.

The attorneys at The Law Ladies take each case of harassment seriously and will work on your behalf to ensure the best possible outcome.

There is no initial fee when a restraining order is filed in the state of Georgia. Georgia has taken stringent measures in protecting victims of abuse, with different types of protective orders depending on the type of abuse or relationship with the abuser. 

The Law Ladies can help you navigate through the various types of restraining orders to ensure that the correct paperwork is filed for your case. The first call to The Law Ladies is always free. 

Many of the forms needed for restraining orders or protective orders are available online via the Georgia Superior Court Clerks’ Cooperative Authority. Below is a list of some of the forms for the most common types of restraining orders.

• Family violence ex parte protective order
• Family violence twelve-month protective order
• Family violence three year-permanent protective order
• Stalking ex parte temporary protective order
• Stalking twelve-month protective order
• Stalking three year-permanent protective order
• Stalking permanent protective order pursuant to criminal conviction

Although various forms are available online for electronic filing via editable PDFs, you may need an attorney’s assistance as you go through the restraining order process to help you better understand the system and get the best possible outcome when your case is reviewed in court. 

Contact The Law Ladies for strong, passionate assistance if you or your family member needs a protection order.