A restraining order is a court order directing someone to do or not do certain things. It's a piece of paper a judge sign,s stating the terms someone must follow or else risk legal consequences.
In Georgia, it's known as a "Family Violence Protection Order." It offers civil legal protection from domestic violence to both male and female victims. This order prohibits the offender from having contact with the victim for a specified period of time. If a person is found to violate a restraining or protective order, he or she could he or she can be jailed and charged with a separate crime including aggravated stalking.
Types of Family Violence Protection Orders
In Georgia, there are two types of Family Violence Protection Orders:
The following table highlights the main provisions of the Georgia's Family Violence Protection Orders. See Harassment, Restraining Orders, and Filing a Domestic Violence Lawsuit for more information.
| Code Sections | The Family Violence Act: O.C.G.A. §19-13-1 et seq., Protective Orders: §19-13-2 et. seq., |
| Relationship Requirement | Current or former spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or persons currently or formerly living in the same household. |
| Type of Orders | Temporary Restraining Order (TRO) or Family Violence Protection Order |
| TRO | A temporary court order meant to protect someone from immediate danger. |
| Length of a TRO | 30 Days or until your next court hearing |
| How to Apply | File a petition in court, defendant does not need to be present. |
| Other Types of Protective Orders | Family Violence Protective Orders: More permanent court orders that may be issued after a hearing in which both persons have a chance to tell their sides of the story. Family Violence Protection Orders last up to one year, but can be extended for up to three years (a "permanent" order). |
| Penalty for Violation of Protective Orders | Contempt of Court and/or a misdemeanor with up to 12 months in jail and a $1,000 fine. Can also be considered "stalking" or "aggravated stalking" and can be sentenced as either a misdemeanor or a felony |
Resources
Served a Temporary Restraining Order? Talk to an AttorneyÂ
If you've been charged with a domestic violence crime, you'll want to know the law and the consequences surrounding a conviction. Because domestic laws can sometimes get complicated, it may also be a good idea to contact an experienced attorney who can apply their understanding of the law to the details of your case. Get in touch with a Georgia criminal defense lawyer today.
