What is a temporary protective order?

A temporary protective order is a legal order issued by a judge that provides protection from violence or abuse. This type of order can provide victims with important protections, such as:

– Prohibiting the abuser from having any contact with the victim

– Ordering the abuser to stay away from the victim’s home, work, or school

– Awarding temporary custody of children to the victim

– Granting the victim exclusive use of a shared residence and evicting the abuser

How do I get a temporary protective order?

To obtain a temporary protective order, you will need to file a petition with the proper court – after determining where jurisdiction is with the attorney. Once your petition is filed, a judge will review it and decide whether or not to issue the ex parte order. If the judge decides to issue the order, it will be served on the abuser and will go into effect immediately. Then a hearing will be held where both parties will have a chance to tell the judge what happened. The judge can extend the ex parte order for up to a year, or can dismiss the order at that hearing. The judge will make the decision based on a preponderance of the evidence. The judge will have to determine whether it is more likely than not that violence has occurred and will occur again if an order is not granted.

How long does a temporary protective order last?

An ex parte temporary protective order is typically valid for a period of up to 30 days. After that, the judge will decide whether it will be extended to up to a year once both sides have a chance to tell their facts to the court.

Contact an Experienced Attorney in Lawrenceville, Georgia.

If you are a victim of violence or abuse, and you want to see legal help, the experienced team at Lynn Law Firm can represent you in the following counties: Gwinnett, Barrow, Jackson. To learn more about temporary protective orders in Georgia, contact us today at 770-212-9090 for a strategy session.