How to Get a Restraining Order in Georgia

A restraining order is a legally obtained order from a state court that requires one person to stop harming another. The state of Georgia has a few different types of orders. This page will help you to learn about the differences and how to get a restraining order in Georgia. In Georgia, there are Family Violence Protection Orders, Stalking Protective Orders and Bond for Good Behavior.http://www.womenslaw.org/laws_state_type.php?statelaw_name=Restraining%20Orders&state_code=GA If you are unsure of what documents you need, you should seek an attorney’s advice.http://www.georgiacourts.org/aoc/selfhelp/faq.html#Q26

A Family Violence Protection Order is given if a family or household member has hurt or tried to hurt you with or without a weapon. It also includes if they have given you reason to believe they will hurt you in the near future. This type of order requires that you have a certain type of relationship with the abuser.http://www.womenslaw.org/laws_state_type.php?id=500&state_code=GA&open_id=all#content-3685 There are two Family Violence Protection Orders. They are Temporary Ex Parte Orders and Family Violence Protection Orders. The Temporary Ex Parte Orders offer protection in emergencies and last up to 30 days or the court hearing. The abuser does not have to be informed or have knowledge of the hearing. The Family Violence Protection Order is a full court hearing where both parties tell their sides. If an order is issued, it usually lasts one year.http://www.womenslaw.org/laws_state_type.php?id=500&state_code=GA

The Stalking Protective Order is to help protect you from someone other then a family or household member. A temporary Ex Parte Order can be given in emergency situation. The can be done without the presence of the stalker. This order usually lasts 30 days.http://www.georgiacourts.org/aoc/selfhelp/faq.html#Q26 A Final Stalking Protective Order requires a full court hearing. The defendant will prove their case and the judge will decide to issue the order. If the order is issued, it will usually be for one year but can be asked to be extended for up to three years or permanently.http://www.womenslaw.org/laws_state_type.php?id=501&state_code=GA

A Bond for Good Behavior is money or property given by the abuser to the court for the court to hold. The abuser loses this money or property if he violates the order or commits a crime against you. You can apply for the abuser to have a Bond for Good Behavior at the same time that the Protection Order is applied for.http://www.co.camden.ga.us/DocumentView.aspx?DID=327

Domestic Violence

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Domestic violence commercial

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This video on domestic violence is set to the song, "Apologize". It tells of some of the facts of domestic violence such as the effect it has on children. Many women are abused in at least on of the relationships in their lives. Some are moved to action and take out a restraining order on the abuser. Most abuse happened in the family.

Step 1: Understand the Criteria

Understanding the criteria is vital to applying for the correct protection order. A Family Violence Protection Order is against a husband, wife, ex-husband, ex-wife, parent, stepparent, foster parent, child, stepchild, foster child, any person who lives or has lived in your house as if they were a part of the family like a boyfriend and the mother or father of your child even if they have never lived with you.http://www.womenslaw.org/laws_state_type.php?id=500&state_code=GA&open_id=11030

The Family Violence Protection Order protects you from family violence which is defined in Georgia by the following acts: Rape, hitting, kicking, pushing, slapping, stalking, criminal damage to property, restraint against your will, criminal trespass, unwanted touching and sexual acts, threats of violence and other felonies.http://www.womenslaw.org/laws_state_type.php?id=500&state_code=GA

A Stalking Protection Order is for someone following, harassing or intimidating you. You do not need to know or be related to this person.http://www.womenslaw.org/laws_state_type.php?id=501&state_code=GA&open_id=14043

Step 2: Visit the Clerk of Court

Both the Family Violence Protection Order and the Stalking Protective Order can be filed in the superior court in county where the abuser or stalker lives. If the abuser or stalker lives outside of Georgia, it should be filed in the superior court in the county where you live or where the incident occurred.http://www.georgiacourts.org/aoc/selfhelp/faq.html#Q2 The civil clerk of court will have the forms that will need to be filled out. Domestic abuse and crises hot-lines, such as Ahima House and the 24 hour statewide crisis line at 800-33-HAVEN, may be of help to you.

Step 3: File the Petition

Take care in filling out the forms. On the form, or petition, you will be the petitioner and the abuser will be the respondent. Be specific about the most recent event. Use descriptive words about the violence. It is also appropriate to include past abuses. Make sure all information is detailed and accurate.

Many court clerks can notarize the papers. However, if the cannot ask them to direct you to someone who can since they will need to be notarized.

If you are in immediate danger, now is the time to ask for an Temporary Ex Parte Order. The judge will hear your petition. Domestic violence organizations can often be of help during this process.http://www.georgiacourts.org/aoc/selfhelp/faq.html#Q12

Whether you receive a temporary order or not, you will be given a court date. This will be a full court hearing where each party will be able to tell their story. The abuser or stalker will be informed of the hearing. Although you have to show up at this hearing, they do not have to come to court.http://www.womenslaw.org/laws_state_type.php?id=500&state_code=GA&open_id=11032

Disclaimer

The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.