In certain domestic situations, an individual may need to seek protection from another individual due to acts of family violence or stalking as follows:

     1.  An individual may seek immediate protection from family violence by petitioning the court for a Temporary Protective Order (T.P.O.)–also known as a Temporary Restraining Order–pursuant to O.C.G.A. §  19-13-4.

     2.  An individual may seek immediate protection from an act of stalking by petitioning the court for a protective order pursuant to O.C.G.A. § 16-5-94(a).

FAMILY VIOLENCE PROTECTIVE ORDER

When seeking a family violence protective order, you will follow these basic steps:

1.  Filing a Petition for Temporary Protective Order,

2.  Obtaining a Family Violence Ex Parte Temporary Protective Order, and

3.  Establishing a Family Violence Protective Order (12-Months, 3-Years, or Permanent).

So, what is “family violence”?  According to Georgia law, “the term ‘family violence’ means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household: (1) Any felony; or (2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.  The term ‘family violence’ shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.”  O.C.G.A. § 19-13-1.

Once a petition has been filed, the respondent (or defendant) has been served, and a hearing has been held, in accordance with O.C.G.A. § 19-13-4,  “[t]he court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence.”  O.C.G.A. §  19-13-4(a).

STALKING PROTECTIVE ORDER

In addition to seeking a protective order for family violence, an individual may also seek a protective order based on stalking.  Although the process is similar to obtaining a family violence protective order, the process is governed by O.C.G.A. § 16-5-94.

When seeking a stalking protective order, you will follow these basic steps:

1.  Filing a Petition for Stalking Temporary Protective Order,

2.  Obtaining a Stalking Ex Parte Temporary Protective Order, and

3. Establishing a Stalking Protective Order (12-Months, 3-Years, or Permanent).

Whether you find yourself contemplating a petition for a protective order, or you find yourself wrongly accused of committing family violence, be sure that you have an attorney looking out for your best interests.

The Sellers Law Firm, LLC, has years of experience in dealing with protective orders, and we can help you during this difficult time. Give us a call today at 770-415-9848 at The Sellers Law Firm, LLC: where clients become family.

You may also contact us online by submitting a case evaluation request HERE.

You may access forms from the Protective Order Registry, including a Petition for a Temporary Protective Order, HERE.