A Temporary Protective Order is a legal document issued by a Court to help
victims obtain protection from persons abusing, harassing, or stalking them.
This order will generally state that one person is prohibited from having contact
with another person and may even remove or restrict someone from a certain
place or residence. This document is commonly referred to as a TPO.
By law (O.C.G.A. 19-13-14), a protective order can direct a party to refrain
from family violence acts; grant a spouse possession of the residence or
household of the parties and exclude the other spouse from the residence or
household; require a party to provide suitable alternate housing for a spouse and
his or her children; award temporary custody of minor children and establish
temporary visitation rights; order the eviction of a party from the residence or
household and order assistance in retrieving personal property of the victim if
the respondent’s eviction has not been ordered; order either party to make
payments for the support of a spouse as required by law; provide for possession
of personal property of the parties; order a party to refrain from harassing or
interfering with the other; award costs and attorney’s fees to either party; and
order either or all parties to receive appropriate psychiatric or psychological
services as a further measure to prevent the recurrence of family violence.
HOW TO OBTAIN A TPO
NOTE: By law, TPO’s shall be issued through the Superior Court. However, in
some counties, the Superior Court Judges have given authority to issue TPO’s
to the Magistrate acting as a Superior Court Judge under specific statutory
authority.
There must be a recent act of physical violence.
The petition for TPO must be filed in the county of residence of the batterer
unless the batterer lives out of state; then the TPO must be filed in the County
where the abuse occurred.
The petition must be completed by the victim (or someone acting on behalf of
the victim) - the victim does not need an attorney but may have one if so desired.
Once the petition is completed, someone from the Victim Witness Assistance
Program will assist the petitioner in speaking with a Superior Court Judge. This
hearing will be done ex-parte, meaning only with the petitioner and the judge.
The judge must take into consideration three specific areas before determining if
a TPO should be issued:
1. Were the PARTIES involved covered under the Family Violence Act (O,C.G.
A. 19-13-1): The parties involved must have one or more of the following
relationships:
· past or present spouses
· persons who are parents of the same child
· parents and children
· stepparents and stepchildren
· foster parents and foster children
· persons living or formerly living in the same household
Note: Dating relationships where there has been no co-habitation generally will
not qualify for a TPO. When in doubt, the victim will be referred to the courts
and the courts will make the decision as to whether or not the victim will qualify
for a TPO.
2. Was the ACT committee covered under the Family Violence Act? The act
committed must be one or more of the following criminal actions:
· Any felony
· Battery
· Simple battery
· Simple assault
· Assault
· Stalking
· Criminal Damage to property
· Unlawful restraint
· Criminal Trespass
3. Does this court have JURISDICTION in this matter?
Generally, the TPO should be filed in the county of residence of the batterer
(defendant). However, if the defendant is a non-resident (lives out of state), but
the victim lives in-state, the TPO may be filed in the county in which the act
occurred. If the defendant lives in-state, the TPO should still be filed in
defendant’s county of residence.
IF THE JUDGE FINDS THAT THE PARTY IS A DEFINED PARTY, THE
ACT IS AN ACT OF FAMILY VIOLENCE, AND THIS COURT HAS
JURISDICTION, THEN THE JUDGE CAN PROCEED WITH THE HEARING
AND DETERMINE WHETHER OR NOT A TPO SHOULD BE ISSUED.
ONCE THE TPO HAS BEEN ISSUED, a clerk in the Office of Clerk of
Superior Court will then assist the victim in the filing of the legal paperwork.
Once the paperwork has been filed as a Court document, the clerk will give the
victim a copy of the order and then direct the victim to the Sheriff’s Office.
The Sheriff’s Office will document the TPO and serve the perpetrator with a
copy of the order, which will include a date on which the perpetrator is to
return to court.
Both the perpetrator and the victim will return to court within thirty days of the
date of the originally issued TPO. At this hearing, the judge will determine
whether or not the TPO should be extended. The judge will hear testimony from
both the perpetrator and the victim at this hearing. Once this testimony is
offered, the judge will decide whether or not to make the order effective for a
period not to exceed six months. Testimony that the judge may take into
consideration, if both parties are present include custody and visitation issues,
financial issues, living arrangements, contact provisions, etc.
If the perpetrator does not show up to this hearing, the judge will proceed
without him and if the victim wants, will extend the order.
If the victim does not appear for this hearing and the court has had no contact
from her, the order will generally be dismissed.
Once the testimony is offered and the judge considers the statements, the TPO
may be issued. This will be the final order. The plaintiff (victim) and the
defendant (perpetrator) will be given a copy of this order while in court. The
order will state the length of time for which the TPO is in effect.
If the batterer violates the provisions of the TPO, he/she can be held in
contempt of court and possibly arrested.
WHAT HAPPENS IF THE DEFENDANT VIOLATES THE TPO?
Under Georgia Law (O.C.G.A. 19-13-6), there are two consequences for
violating the provisions established by a TPO. These consequences can either be
civil or criminal in nature.
CIVIL VIOLATION OF TPO:
O.C.G.A. 19-13-6(a) provides “A violation of an order issued pursuant to this
article may be punished by an action for contempt.”
CRIMINAL VIOLATION OF TPO:
O.C.G.A. 16-13-6(b) provides: “Any person who violate the provisions of a
domestic violence order which excludes, evicts, or excludes and evicts that
person from a residence or household shall be guilty of a misdemeanor.”
Civil consequences occur when the TPO does not specifically state that the
defendant is evicted or excluded from the plaintiff’s (victim) residence. This
type of protective order is commonly referred to by law enforcement as a “stay
away only order.” If a violation occurs under an order of this type, the only
option for the victim is to take the defendant back into court and ask the judge
to hold him/her in contempt for violating the TPO.
Criminal consequences occur when the TPO specifically states that the
defendant is to be evicted or excluded from the victim’s residence. If the TPO
has this eviction/exclusion language and the defendant violates the provisions of
the TPO, the defendant may be charged with the misdemeanor offense of
Violation of a Temporary Protective Order (19-13-6(b)).
Evidence Involving Violation of a TPO
In cases where a no contact order is in effect, batterers will often find other
means of communicating with their victims and use the excuse that they were
just apologizing, requesting forgiveness, or trying to convince the partner of
how much they are loved. When in fact, sometimes this type of communication
is a very effective way for the batterer to tell the victim: “I still know where you
are; I can still contact you; and no order is go to prevent me from contacting
you.”
NO CONTACT MEANS NO CONTACT
Following are common examples of how some batterers will violate no contact
orders:
· Sending letters, cards, flowers, balloons & gifts
· Writing on walls/mirrors/cars
· Making video, audio, and answering machine tapes of messages & sending
them to the victim
· Unknowingly taking photographs of victim
· Having friends or family members, or the children, call on behalf of the
defendant
Should these incidents occur while a TPO is in effect, the victim should
document the incident and call the police for further documentation and
assistance. Remember these contacts in any other context may be innocent, but
may also violate the provision of a TPO. Collect any evidence you can for use in
possible criminal cases against the batterer.
OTHER IMPORTANT FACTORS TO CONSIDER WITH TPO’S
It is important to remember that a batterer may be committing a new and
separate crime if he/she violates some conditions of the TPO. For example, if he
TPO does not have the exclusion/eviction language, but this person has been
told to keep off of the victim’s property, if the batterer continues to come to the
victim’s property, he/she may be charged with criminal trespass. Also, if the
defendant continues to contact, harass, or telephone the victim after he/she has
been told to do so, the defendant may be charged with the offense of harassing
phone calls.
This type of continued contact could also lead to stalking and/or aggravated
stalking charges.
victims obtain protection from persons abusing, harassing, or stalking them.
This order will generally state that one person is prohibited from having contact
with another person and may even remove or restrict someone from a certain
place or residence. This document is commonly referred to as a TPO.
By law (O.C.G.A. 19-13-14), a protective order can direct a party to refrain
from family violence acts; grant a spouse possession of the residence or
household of the parties and exclude the other spouse from the residence or
household; require a party to provide suitable alternate housing for a spouse and
his or her children; award temporary custody of minor children and establish
temporary visitation rights; order the eviction of a party from the residence or
household and order assistance in retrieving personal property of the victim if
the respondent’s eviction has not been ordered; order either party to make
payments for the support of a spouse as required by law; provide for possession
of personal property of the parties; order a party to refrain from harassing or
interfering with the other; award costs and attorney’s fees to either party; and
order either or all parties to receive appropriate psychiatric or psychological
services as a further measure to prevent the recurrence of family violence.
HOW TO OBTAIN A TPO
NOTE: By law, TPO’s shall be issued through the Superior Court. However, in
some counties, the Superior Court Judges have given authority to issue TPO’s
to the Magistrate acting as a Superior Court Judge under specific statutory
authority.
There must be a recent act of physical violence.
The petition for TPO must be filed in the county of residence of the batterer
unless the batterer lives out of state; then the TPO must be filed in the County
where the abuse occurred.
The petition must be completed by the victim (or someone acting on behalf of
the victim) - the victim does not need an attorney but may have one if so desired.
Once the petition is completed, someone from the Victim Witness Assistance
Program will assist the petitioner in speaking with a Superior Court Judge. This
hearing will be done ex-parte, meaning only with the petitioner and the judge.
The judge must take into consideration three specific areas before determining if
a TPO should be issued:
1. Were the PARTIES involved covered under the Family Violence Act (O,C.G.
A. 19-13-1): The parties involved must have one or more of the following
relationships:
· past or present spouses
· persons who are parents of the same child
· parents and children
· stepparents and stepchildren
· foster parents and foster children
· persons living or formerly living in the same household
Note: Dating relationships where there has been no co-habitation generally will
not qualify for a TPO. When in doubt, the victim will be referred to the courts
and the courts will make the decision as to whether or not the victim will qualify
for a TPO.
2. Was the ACT committee covered under the Family Violence Act? The act
committed must be one or more of the following criminal actions:
· Any felony
· Battery
· Simple battery
· Simple assault
· Assault
· Stalking
· Criminal Damage to property
· Unlawful restraint
· Criminal Trespass
3. Does this court have JURISDICTION in this matter?
Generally, the TPO should be filed in the county of residence of the batterer
(defendant). However, if the defendant is a non-resident (lives out of state), but
the victim lives in-state, the TPO may be filed in the county in which the act
occurred. If the defendant lives in-state, the TPO should still be filed in
defendant’s county of residence.
IF THE JUDGE FINDS THAT THE PARTY IS A DEFINED PARTY, THE
ACT IS AN ACT OF FAMILY VIOLENCE, AND THIS COURT HAS
JURISDICTION, THEN THE JUDGE CAN PROCEED WITH THE HEARING
AND DETERMINE WHETHER OR NOT A TPO SHOULD BE ISSUED.
ONCE THE TPO HAS BEEN ISSUED, a clerk in the Office of Clerk of
Superior Court will then assist the victim in the filing of the legal paperwork.
Once the paperwork has been filed as a Court document, the clerk will give the
victim a copy of the order and then direct the victim to the Sheriff’s Office.
The Sheriff’s Office will document the TPO and serve the perpetrator with a
copy of the order, which will include a date on which the perpetrator is to
return to court.
Both the perpetrator and the victim will return to court within thirty days of the
date of the originally issued TPO. At this hearing, the judge will determine
whether or not the TPO should be extended. The judge will hear testimony from
both the perpetrator and the victim at this hearing. Once this testimony is
offered, the judge will decide whether or not to make the order effective for a
period not to exceed six months. Testimony that the judge may take into
consideration, if both parties are present include custody and visitation issues,
financial issues, living arrangements, contact provisions, etc.
If the perpetrator does not show up to this hearing, the judge will proceed
without him and if the victim wants, will extend the order.
If the victim does not appear for this hearing and the court has had no contact
from her, the order will generally be dismissed.
Once the testimony is offered and the judge considers the statements, the TPO
may be issued. This will be the final order. The plaintiff (victim) and the
defendant (perpetrator) will be given a copy of this order while in court. The
order will state the length of time for which the TPO is in effect.
If the batterer violates the provisions of the TPO, he/she can be held in
contempt of court and possibly arrested.
WHAT HAPPENS IF THE DEFENDANT VIOLATES THE TPO?
Under Georgia Law (O.C.G.A. 19-13-6), there are two consequences for
violating the provisions established by a TPO. These consequences can either be
civil or criminal in nature.
CIVIL VIOLATION OF TPO:
O.C.G.A. 19-13-6(a) provides “A violation of an order issued pursuant to this
article may be punished by an action for contempt.”
CRIMINAL VIOLATION OF TPO:
O.C.G.A. 16-13-6(b) provides: “Any person who violate the provisions of a
domestic violence order which excludes, evicts, or excludes and evicts that
person from a residence or household shall be guilty of a misdemeanor.”
Civil consequences occur when the TPO does not specifically state that the
defendant is evicted or excluded from the plaintiff’s (victim) residence. This
type of protective order is commonly referred to by law enforcement as a “stay
away only order.” If a violation occurs under an order of this type, the only
option for the victim is to take the defendant back into court and ask the judge
to hold him/her in contempt for violating the TPO.
Criminal consequences occur when the TPO specifically states that the
defendant is to be evicted or excluded from the victim’s residence. If the TPO
has this eviction/exclusion language and the defendant violates the provisions of
the TPO, the defendant may be charged with the misdemeanor offense of
Violation of a Temporary Protective Order (19-13-6(b)).
Evidence Involving Violation of a TPO
In cases where a no contact order is in effect, batterers will often find other
means of communicating with their victims and use the excuse that they were
just apologizing, requesting forgiveness, or trying to convince the partner of
how much they are loved. When in fact, sometimes this type of communication
is a very effective way for the batterer to tell the victim: “I still know where you
are; I can still contact you; and no order is go to prevent me from contacting
you.”
NO CONTACT MEANS NO CONTACT
Following are common examples of how some batterers will violate no contact
orders:
· Sending letters, cards, flowers, balloons & gifts
· Writing on walls/mirrors/cars
· Making video, audio, and answering machine tapes of messages & sending
them to the victim
· Unknowingly taking photographs of victim
· Having friends or family members, or the children, call on behalf of the
defendant
Should these incidents occur while a TPO is in effect, the victim should
document the incident and call the police for further documentation and
assistance. Remember these contacts in any other context may be innocent, but
may also violate the provision of a TPO. Collect any evidence you can for use in
possible criminal cases against the batterer.
OTHER IMPORTANT FACTORS TO CONSIDER WITH TPO’S
It is important to remember that a batterer may be committing a new and
separate crime if he/she violates some conditions of the TPO. For example, if he
TPO does not have the exclusion/eviction language, but this person has been
told to keep off of the victim’s property, if the batterer continues to come to the
victim’s property, he/she may be charged with criminal trespass. Also, if the
defendant continues to contact, harass, or telephone the victim after he/she has
been told to do so, the defendant may be charged with the offense of harassing
phone calls.
This type of continued contact could also lead to stalking and/or aggravated
stalking charges.
LAW OFFICES OF XYZ
Your firm’s tagline goes here.
Victim / Witness Information
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Office of the District Attorney
Toombs Judicial Circuit
| 210 Railroad Street PO Drawer 966 Thomson, Georgia 706. 595. 7175 706. 595.8616 fax |
WHAT EVERYONE SHOULD KNOW ABOUT TEMPORARY
PROTECTIVE ORDERS
PROTECTIVE ORDERS
How to Obtain a TPO
Once the TPO has been issued
If the Defendant violates the TPO
No contact means no contact
Other important factors to consider with TPO's
Once the TPO has been issued
If the Defendant violates the TPO
No contact means no contact
Other important factors to consider with TPO's
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