In cases of domestic violence or abuse, a temporary protective order, or a temporary restraining order, may be required. A temporary protective order is an enforceable order of the Court of your jurisdiction that restrains and enjoins an abuser from doing, or attempting to do, or threatening to do, any act of injury, maltreating, molesting, stalking, or harming of the victim. The abuser may be ordered to vacate the residence in the case of cohabitation, and maintain an adequate distance away from the victim and the victim’s children. Additionally, the abuser may be ordered to terminate communication with the victim. Both men and women may file temporary protective orders in the case of domestic abuse.
Ex-Parte relief means obtaining relief from the Court without the other side being present. In a Temporary Protective Order a victim can speak to a Judge of the appropriate jurisdiction and fill out a request for a temporary protective order and ex parte relief, where they can have a one on one conversation with a Judge and seek a restraining order. The victim must prove that they are in imminent danger of immediate physical harm. Once the ex parte Order is granted, the Court will typically schedule a formal hearing for both parties to tell their side of the story and determine whether or not the Order needs to be extended for 6 or 12 months, or whether it should be dismissed.
If you would like to get step by step instructions on obtaining a Temporary Protective Order in Cobb County, Paulding County, Cherokee County or Fulton County, please contact the attorneys at Bivek Brubaker & Prescott and we can assist you. If you have been served with an ex-parte Temporary Protective Order wrongfully, and did not commit acts of abuse, and you need help preparing for a hearing and presenting your case to the judge the attorneys at Bivek Brubaker & Prescott can help with your temporary protective order in Georgia.
Having a temporary protective order on your record can affect your employment and even result in your termination from employment as they will show up on background checks and may come up during performance evaluations. If you have been wrongfully served with a temporary protective order we can help remove it from your record.
In most cases, a temporary protection order is issued after a court hearing, during which both you and your partner will have the opportunity to share your sides of the situation. Most temporary protective orders last up to a year, but can be extended if necessary.
Although you do not need a family law attorney to file a temporary protective order, most courts suggest that you find one to represent you and guide you through the process. In the case that your abusive partner or spouse has a lawyer, you should definitely retain one to ensure that your legal rights are protected.
With a temporary protective order, you can:
You may require legal assistance to prove that your partner or spouse has in fact been abusive, and to gain custody of your children.
Don’t take risks with the safety of you or your children. If you are planning to file a temporary protective order against an abusive spouse or partner, contact the divorce attorneys at the law firm of Bivek, Brubaker & Prescott, LLC. Our lawyers can help you ensure that you and your children and safe from domestic, emotional, or financial abuse.