Whether you’ve been targeted by a stalker, an abusive partner, or a toxic family member, a restraining order may legally offer the protection you need. In Georgia, there are several types of protective orders, as well as specific requirements that must be met, for each option.
Types of Restraining Orders in Georgia
Mutual Restraining Orders – Some restraining orders are automatic. A mutual restraining order is often put in place during contentious divorce cases, custody disputes, and other domestic actions. This order prevents contact on either side. It may also prevent named parties from canceling insurance policies, relocating children, or selling marital assets.- Temporary Protective Orders (TPO) are more common. They protect victims from unwanted contact. If you believe you need a TPO, you must provide enough evidence that prove you are at an imminent risk of harm. If a TPO is granted, it often will require that the other party to have zero contact with you, stay a certain distance from your home or work, and/or attend counseling. Most temporary protective orders last 30 days.
- Long-Term Protective Orders – If you need long-term protection from an abuser or stalker, you’ll have to convince a judge that you need a longer order of protection. At this court date, the person named in the TPO will have a chance to defend themselves against your accusations.
Mutual Restraining Orders – Some restraining orders are automatic. A mutual restraining order is often put in place during contentious divorce cases, custody disputes, and other domestic actions. This order prevents contact on either side. It may also prevent named parties from canceling insurance policies, relocating children, or selling marital assets.Reasons to Get a Restraining Order
The state of Georgia recognizes that a variety of different issues may necessitate a protective order. If you’re victimized by one of the following situations, it would be wise to get a restraining order:
- Depletion of Assets. During a divorce, you may find that your spouse isn’t playing fair with your finances. If your spouse is hiding money, destroying marital assets, or otherwise trying to prevent you from getting your share, you can ask the court for a restraining order. The order may forbid your spouse from further destroying your property or spending joint funds. The order might also name the bank, which would prevent your ex from accessing funds.
- Psychological Abuse. If psychological abuse – including things like threats and insults – is the main reason you need a TPO, it’s helpful to have call logs, text messages, and any other communication records.
- Physical Abuse. Violent acts and threats of violence are a common reason to pursue a TPO. If the abuser lives with you, a TPO may require them to move from the residence. If physical danger is imminent, you may be able to request an emergency restraining order.
- Patent or Trademark Infringement. If a company sells or manufactures an item that you invented, a restraining order may protect your ownership rights.
Working with an Atlanta lawyer when trying to get a restraining order ensures the highest probability of your request being granted.
Keep Yourself Safe With a Protective Order
If you’ve been threatened by a stalker or ex-partner, it may be necessary to use legal avenues to protect yourself. Get the support and protection you need by calling Schnipper Law, P.C. today at (404) 480-8708.
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