Temporary protective orders are your legal recourse to tell someone to stay away from you and your loved ones. Each state has its own laws regarding these orders and knowing Georgia laws can help you understand how to obtain one.
A temporary protective order, also referred to as a restraining order, is a legal instruction for a person to act or not act in a specific manner. The person doesn’t need to know that you’ve sought a temporary restraining order against them initially. If the court grants the initial temporary restraining order, the person accused will be served with a notice to appear in court for a hearing to provide their side of the story.
The initial restraining order is the first step to obtaining a more permanent protective order. At the hearing, the judge will decide whether to uphold or dismiss the restraining order. You will need to provide sufficient evidence that you, your children or family members are in danger and that you need the order to protect you from immediate, irreparable harm.
Protection orders can be renewed when they expire, if the need for protection can still be proven.
Some reasons to seek a restraining order include:
- Physical abuse
- Threats of physical abuse
- Psychological abuse
Both types of orders can impose certain conditions on the subject of the order. The most common conditions include:
- No contact with the victim or the victim’s family
- Staying a certain distance away from the victim and the victim’s family
- Attending counseling
Knowing what evidence to present and how to present it can also be a challenge if you’ve never dealt with the legal system before. The experienced attorneys at Tessie D. Edwards & Associates can guide you through the process of seeking a restraining or protective order to achieve your desired goals.