In the realm of family law, one of the most crucial tools available to protect individuals from domestic violence is the Family Violence Temporary Protective Order (TPO). Understanding what a TPO is and how it functions is essential for anyone facing a situation of family violence.

What is a Temporary Protective Order?

A Temporary Protective Order, often referred to as a “TPO,” is a legal order issued by a court to help protect individuals from family violence. In Georgia, family violence is defined broadly and can include physical abuse, threats, stalking, and emotional or psychological abuse among family members or individuals in intimate relationships. The family violence protective order application process is designed to provide a quick, efficient route to gaining additional legal protections against an abuser and additional remedies to a victim.

What is the process to obtain a TPO in Georgia?

When someone files for a TPO in Georgia, they are requesting the court to provide immediate and temporary protection from an abuser. The process usually involves:

1. Filing an Ex Parte Petition: The individual seeking protection (the petitioner) must file a petition in the Superior Court, detailing the incidents of family violence and why a TPO is necessary to prevent ongoing family family violence or the risk that violence will continue in the future. The initial petition is submitted to the Court on an “ex parte” basis—meaning, without initial notice to the defendant. The Court then evaluates the petition and meets with the petition without hearing from the defendant.

2. Ex Parte Order: If the judge believes there's immediate danger (or probable cause that an act of family violence has occurred and is likely to reoccur), they may issue an ex parte order, which provides temporary protection until the court hearing, up to 30 days from the date of issuance of the ex parte order. This order becomes enforceable against the defendant as soon as it is served on them by the Sheriff or a private process server. It can contain many of the same protections that an extended or permanent TPO can provide, including granting exclusive use of a residence, temporary custody, stay away provisions, and no contact provisions, among others.

3. Court Hearing: After the issuance of an ex parte order, the Court must schedule a full hearing on the petition within thirty (30) days. The defendant is entitled to notice of this hearing. During this hearing, both parties can present evidence and testimony. The defendant is given an opportunity to respond to the allegations in the petition and any testimony and evidence offered by the petitioner.

4. Issuance of TPO: At the conclusion of the 30 day hearing, if the judge finds that family violence has occurred and may occur again, the court will generally extend the ex parte order for up to 12 months. In doing so, the Court can modify the terms of the original ex parte order by adding additional protections or making other changes as the court deems necessary under the circumstances. The 12 month order gets recorded in Georgia’s criminal information database. Violations of this order (and the ex parte order) can constitute a felony under Georgia law, even if the underlying conduct itself would not rise to a felony level.

What Protections Can a TPO Offer?

A TPO in Georgia can offer several types of protection, including, but not limited to:

• No Contact Order: Prohibits the abuser from contacting the victim.

• Stay Away Provision: Orders the abuser to stay a certain distance away from the victim, their home, workplace, and other specified locations.

• Temporary Custody: Can provide temporary custody arrangements for children involved.

• Child Support: The defendant can be required to pay child support if temporary custody is awarded to the petitioner.

• Temporary Support: The defendant can also be required to pay temporary spousal support to the petitioner.

• Removal from Residence: If both parties live together, the abuser may be required to leave the residence.

• Injunctions: The court can enjoin the defendant from making changes to utilities, insurance policies, payments to creditors, and other actions that might interfere with the petitioner’s wellbeing.

• Drug and Alcohol Testing: If the circumstances warrant it, the Court can require that the defendant undergo alcohol and drug testing while the order is in effect.

• Attorney’s Fees: The court can award the petition attorney’s fees for having to bring the action to gain protection from the defendant. On the other hand, the court can also award attorney’s fees to the defendant if it determines that the petition was brought without good cause.

Duration and Enforcement of TPOs

TPOs in Georgia are typically valid for up to one year, but they can be extended under certain circumstances, such as when there are violations of the order while it is in effect or a likelihood of re-offense when the order terminates. To extent a TPO beyond the initial 12 month period, the petition must file a motion with the court before the expiration of the original order.

Violating a TPO is a criminal offense and can result in arrest and criminal charges or civil contempt proceedings.

Conclusion

Family Violence Temporary Protective Orders are vital for the safety and well-being of individuals experiencing family violence in Georgia. They provide a legal mechanism to prevent further abuse and give victims the breathing space to make long-term safety plans. At Resurgens Legal Counsel, we understand the sensitivity and urgency of such matters. If you or someone you know needs assistance with a TPO, don't hesitate to reach out for legal support.

To learn more about how we can assist with TPOs or any other family law matters in Georgia, contact Resurgens Legal Counsel LLC at 770-765-7550 or send us an email.