One of the most important legal tactics that can be used to stop domestic violence is a temporary restraining order. This is a legal option people take who feel as though their situation is facing imminent danger by someone within their domestic situation, either with violence or stalking. This can be a spouse, significant other, or close relative. A protective order is the first step in claiming back your rights from aggressive, hostile behavior.
How does one petition the court for a temporary restraining order? The process is easy and seamless. The courts know that you have been through a lot and the last thing they want to do is see you go through more pain and suffering to get what you need: relief. The process is straight forward. Several jurisdictions in Georgia provide free online resources to help victims of domestic violence or stalking file their own protective order.
Filing an order, or TPO, can be time sensitive so it is in the best interest of the case to act on the situation in an expeditious manner. The requirements for obtaining a TPO include:
Preparing a petition for a temporary protective order
- Filing your petition in the appropriate Supreme Court (the court serving where the abuser resides
- Demonstrating to the judge that you have been subjected to domestic violence and there is a probable cause for a temporary restraining order
A TPO will last up to 30 days, typically, unless extenuating circumstances warrant a longer period of time. The judge will then schedule another court date before the TPO expires. During that time, you can then seek long-term protection from further harassment. During the court appearance, the spouse, domestic partner, or cohabitant who is subject to the TPO will have the opportunity to challenge the allegation placed against them. During this court session, it is best to be represented by an attorney.
A TPO prohibits people from attacking you physically, verbally, or through intimidation and threats of violence. In order to strengthen your case, it is best to accumulate and collect all possible evidence of the wrong doing. Evidence can include texts, e-mails, pictures, Facebook posts, video, and audio recording. The more evidence you have, the stronger your case will be.
There are pathways to escaping a life of abuse and violence. The more information you have to present to the court, the stronger your case will be. This can only help you further your efforts in leaving behind a life of abuse and pain.
In the event of divorce or child custody issues, it is best to consult with an attorney on what grounds certain legal actions take place. After you have your petition filed, it is in your best interest to attain the help of an attorney who can guide you through the process and answer all questions you may have regarding the process. An attorney will also help you build your case so that when it goes before the judge, there can be no question that a TPO was the only course of action you could take.