Restraining Order Laws in Georgia
- Judges issue restraining orders following a hearing.gavel image by Cora Reed from Fotolia.com
Judges issue restraining orders to protect people who have already been victimized from being further harmed by an aggressor. In Georgia, two types of restraining orders (called "protective orders") are available: Family Violence Protective Orders and Stalking Protective Orders. These two protective orders are designed to protect different categories of victims from harm. - Family Violence Protective Orders are issued in cases of domestic violence. Family violence is a crime in Georgia, and restraining orders are a protective measure for victims. To be eligible for a Family Violence Protective Order, the perpetrator must be a family or household member of the aggressor.
"Family or household members" include relatives by blood marriage, or adoption; anyone who has lived in your home as part of your family (such as a live-in girlfriend, or even the live-in boyfriend of one of your family members); or anyone with whom you have a child.
Violence occurs when a family or household member actually or attempts to hurt you, or makes you think he will do so. Among the crimes which would cause you to qualify for a Family Violence Protective Order in Georgia are stalking, rape, criminal trespass and hitting. In addition, you are protected from stalking and intimidation or threats. - Stalking Protective Orders keep you safe from an abuser no matter what your relationship. You do not need to even know them to qualify for such an order.
In Georgia, stalking is defined as when someone follows you, places you under surveillance, or contacts you against your will to harass or intimidate you. Acts of harassment or intimidation are behaviors or actions that cause you to "reasonably" fear for your safety or that of your family. - To obtain a restraining order, go to the courthouse in the Georgia county where you or the aggressor live, or where the abuse occurred. File the appropriate paperwork, available online or at the courthouse, with the court clerk, who will give it to a judge. The judge may ask you to make a statement before granting you a temporary restraining order, which will protect you until the court can hold a full hearing at which both you and the alleged abuser will have the chance to present evidence. Following this hearing, a judge will rule on the case.
- Violation of a restraining order is a misdemeanor in Georgia; in addition to the violation, you may also be charged with any crimes that take place during the violation, such as assault or criminal trespass. Also, the person who applied for the restraining order does not have the authority to allow you to do something forbidden in the restraining order; only a written court order can change its terms. Anyone caught violating a restraining order can be arrested immediately.
Family Violence Protective Orders
Stalking Protective Orders
Process
Violation
Source...