A temporary protective order, or TPO, is a superior court order entered under Georgia’s Family Violence Act that restricts what a person who has committed family violence against you may do.
Where You File
Under OCGA 19-13-2(a), the superior court of the county where the respondent lives has jurisdiction. If the respondent lives outside Georgia, OCGA 19-13-2(b) puts jurisdiction in the superior court where you live or where the act of family violence happened, so long as the long-arm requirements of OCGA 9-10-91 are met.
What the Order Can Require
OCGA 19-13-4(a) lists what a protective order may do. It may direct the respondent to stop the acts and to stop harassing or interfering with you, give you possession of the residence and exclude the other party, order the respondent evicted or order help retrieving your belongings, award temporary custody and visitation, order child support or spousal support, provide for possession of personal property including a household pet, order psychiatric or psychological services, and award costs and attorney’s fees.
Alleging Is Not Proving
Under OCGA 19-13-3(c), at the hearing “the petitioner must prove the allegations of the petition by a preponderance of the evidence as in other civil cases.” In Bland v. Bland, 347 Ga. App. 273 (2018), the petition alleged the husband came back to the house with an AR-15 and threatened to shoot his father if he was not let past, but no evidence of that was put up at the hearing. The Court of Appeals reversed the twelve-month order. Likewise, in Rhoden v. Rhoden, 359 Ga. App. 353 (2021), a trial court found the evidence insufficient and then imposed the same no-contact terms as a “civil restraining order.” That was reversed too.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!