Navigating Temporary Protective Orders (TPOs) In Georgia
When a relationship takes a difficult turn in Northwest Georgia, it sometimes becomes necessary to involve the courts to maintain everybody’s safety. In Georgia, this often comes in the form of a request for a Temporary Protective Order (TPO) – which can become permanent after a formal hearing.
Since 1970, Gammon, McFall & Villarreal has helped clients throughout Northwest Georgia with sensitive family law matters, including TPO cases. From our offices in Cedartown, Cartersville and Rome, our lawyers assist both those seeking protection through TPOs and those defending against unfounded claims. Our deep roots in the community and decades of experience allow us to provide clear legal guidance during these challenging situations.
What Is A Temporary Protective Order?
A Temporary Protective Order is a legal tool designed to protect individuals who believe they are at risk of harm from someone else. A Georgia court typically issues a TPO to help prevent contact between two parties when one party feels threatened, harassed or in danger. These orders are temporary and generally put in place before a full court hearing can be scheduled to assess the long-term situation.
TPOs are most commonly used in cases of domestic violence, stalking or harassment. They are granted based on the evidence presented by the petitioner in an emergency hearing. Later, the respondent will be permitted to contest the necessity for a protective order at a more formal hearing.
In the meantime, violation of a TPO’s terms can result in immediate arrest and criminal charges. That makes it essential to understand each party’s legal rights and obligations under these orders.
What Protections Does A TPO Provide?
A Temporary Protective Order can provide a range of protections to the petitioner, namely:
- Prohibits the respondent from approaching within 1,500 feet of protected persons
- Prevents all forms of contact, including phone calls, texts, emails and social media
- Requires the respondent to leave a shared residence
- May grant temporary custody of children to the protected party
- Can require the surrender of firearms
- May include provisions for temporary child support or spousal support
These protective measures remain in effect until the court hearing, usually held within 30 days of filing the petition. As such, TPOs are designed to create a safe space for individuals while legal proceedings are underway, giving them time to assess their next steps.
How Do You Obtain A TPO?
Obtaining a TPO in Georgia is relatively straightforward, but you need to follow each step carefully to help ensure your safety and legal standing. The key legal procedures are:
- File a petition: Visit your local superior court and complete a petition describing the abuse or threats, though having an attorney help prepare these documents often proves valuable.
- Ex parte hearing: A judge will review your petition immediately, and if approved, they will issue a temporary order valid for 30 days without the other party present.
- Service of process: Law enforcement will serve the TPO on the respondents, officially notifying them of the order and the upcoming hearing date.
- Final hearing: Both parties appear before a judge to present evidence and the judge then decides whether to extend the TPO to 12 months.
All in all, having basic legal knowledge of what to expect in any legal case always makes a difference in helping ensure your legal rights remain protected. We can help you navigate the legal complexities smoothly.
How Do You Defend Against A TPO?
If someone has filed a TPO against you, taking immediate action is critical because this is a serious legal matter. A temporary TPO can become permanent and have lasting legal consequences.
Gather evidence that disputes the allegations, preserve any relevant communications and secure witness statements whenever possible. Our criminal defense experience proves particularly valuable in these cases, as we understand how TPO proceedings can affect both family law and criminal matters.
Take Swift Action And Obtain Sound Legal Guidance
Call Gammon, McFall & Villarreal at 770-574-4925 or contact us online for free initial consultations to discuss your case. Whether you need protection or face TPO allegations, our attorneys provide practical solutions based on 50-plus years of serving Georgia families.
Our convenient offices in Cedartown, Cartersville and Rome serve clients throughout Northwest Georgia, including Polk, Bartow, Haralson, Paulding and Floyd counties.