Domestic violence is a serious issue that affects many families in Georgia. In order to protect victims and their families, the state of Georgia has implemented various types of restraining orders. These legal orders are designed to provide protection and support for those experiencing domestic violence. In this blog post, we will explore the different types of domestic violence restraining orders available in Georgia, how to obtain them, and how Weintraub & Alper Legal can help you navigate this complex process.
Types of Domestic Violence Restraining Orders in Georgia
There are three main types of domestic violence restraining orders in Georgia: Temporary Protective Orders (TPO), Family Violence Protective Orders (FVPO), and Stalking Protective Orders (SPO). Each type of order provides different levels of protection and has unique requirements for eligibility.
- Temporary Protective Orders (TPO): A TPO is a short-term order that provides immediate protection for victims of domestic violence. These orders can be granted without the presence of the abuser and typically last for 30 days. TPOs can include provisions such as prohibiting contact between the victim and the abuser, granting temporary custody of children, and requiring the abuser to vacate the shared residence.
- Family Violence Protective Orders (FVPO): FVPOs are longer-term orders that provide ongoing protection for victims of family violence. These orders can be granted after a hearing in which both the victim and the abuser have an opportunity to present evidence. FVPOs can include provisions such as prohibiting contact between the victim and the abuser, granting custody of children, establishing visitation rights, and requiring the abuser to attend counseling or treatment programs. FVPOs can be in effect for up to 12 months, with the possibility of extension.
- Stalking Protective Orders (SPO): SPOs are specifically designed to protect victims of stalking, whether or not the stalking is related to domestic violence. These orders can prohibit the stalker from contacting the victim, coming within a certain distance of the victim, and engaging in other harassing behaviors. SPOs can be in effect for up to 12 months, with the possibility of extension.
How to Obtain a Domestic Violence Restraining Order in Georgia
Obtaining a domestic violence restraining order in Georgia involves several steps, including filing a petition with the court, attending a hearing, and ensuring the order is properly served on the abuser. The process can be complex and emotionally challenging, but it is crucial for the safety and well-being of the victim and their family.
- File a Petition: The first step in obtaining a restraining order is to file a petition with the appropriate court. This petition will include information about the victim, the abuser, and the specific incidents of domestic violence. It is important to provide as much detail as possible, including dates, locations, and any witnesses to the abuse. The Georgia Bar Association provides resources to help victims complete the necessary paperwork.
- Attend a Hearing: After the petition is filed, the court will schedule a hearing to determine whether a restraining order is necessary. Both the victim and the abuser will have an opportunity to present evidence and testimony. It is essential to be prepared for this hearing, as the outcome will determine the level of protection granted by the court.
- Serve the Order: If the court grants a restraining order, it must be properly served on the abuser in order to be legally enforceable. This typically involves hiring a sheriff or private process server to deliver the order to the abuser. The Georgia Courts website provides information on how to properly serve a restraining order.
At Weintraub & Alper Legal, we understand the complexities of obtaining a domestic violence restraining order in Georgia. Our experienced team can guide you through the process, providing support and legal advice every step of the way.
If you have been arrested for domestic violence and are being subject to a restraining order, contact us today for a consultation.