Atlanta Temporary Protective Order Lawyer

If you need protection from domestic violence in Atlanta, Georgia, The Edwards Law Group can help you seek a temporary protective order. Contact us today at (770) 723-7211 for a confidential consultation with an experienced Atlanta temporary protective order lawyer and learn how to safeguard yourself and your family.

Our attorneys bring more than 50 years of combined family law experience, guiding clients through sensitive situations with care and clarity. We can help you understand your rights, the protective order process, and the legal steps available to help create a safer environment moving forward.

Why Choose The Edwards Law Group for Help With a Temporary Protective Order in Atlanta, GA?

Why Choose The Edwards Law Group for Help With a Temporary Protective Order in Atlanta, GA?

The Edwards Law Group is an established family law firm in Atlanta. We have been recognized by Law Firm 500 as one of the fastest-growing law firms in the country.

Domestic violence situations are often complicated and frightening. An experienced Atlanta family lawyer can help you seek protection and understand your legal options. Our attorneys have also been recognized by Super Lawyers for their work in family law matters.

Our attorneys have the resources to help you find the best possible solution for your family. We know that your life is changing. Many victims of domestic violence and stalking don’t know where to turn for help. Securing legal protection can be one of the most important things you ever do.

Our Atlanta domestic violence attorneys know that many families worry about money during these difficult times. We offer a variety of payment options so that you don’t have to worry about the cost of legal representation. 

To get started protecting your rights, contact us today to schedule a confidential consultation. 

What Is a Temporary Protective Order in Georgia?

Temporary protective orders are often called temporary restraining orders. They’re designed to protect victims of domestic violence. When you request a temporary protective order, you’re asking the court to limit the abusive party’s ability to contact you.

Temporary protective orders typically order the abusive party to avoid physical contact with you. They can also order them to refrain from calling, texting, or emailing you. Courts can even order the abusive party to leave a home they’ve shared with you. 

For example, if the court grants a temporary protective order, the abusive party would be prohibited from coming near you or contacting you.

Who Can I File a Temporary Protective Order Against in Georgia?

Temporary protective orders can be issued almost immediately if the court believes the danger is immediate. 

Temporary protective orders are legal injunctions that can be filed against a:

  • Spouse
  • Romantic partner
  • Ex-spouse or ex-dating partner
  • Domestic partner
  • Family member
  • Parent
  • Anyone who poses a threat to your safety

The goal is to ensure that you’re safe and out of immediate danger. Typically, temporary protective orders can last for roughly 30 days. Eventually, you can pursue a final protective order to request permanent protection. 

What Evidence Do I Need to Request a Temporary Protective Order?

Courts consider whether there is a credible threat to your safety when deciding whether to issue a temporary protective order. Providing clear and detailed evidence can strengthen your request and help the judge understand your situation.

Helpful evidence may include:

  • Photos of injuries or property damage
  • Threatening text messages, emails, or voicemails
  • Police reports or incident reports
  • Medical records documenting injuries
  • Witness statements from friends, family, or neighbors
  • A written timeline or journal describing incidents of abuse or harassment

Even if you do not have extensive documentation, your sworn testimony can still support your request. An attorney can help you organize and present your evidence effectively.

What Can a Temporary Protective Order Accomplish in Georgia?

Judges have significant leeway in issuing a temporary protective order. The order can contain provisions that are tailored to the requesting party’s specific situation.

A temporary protective order, for instance, may mandate that an individual accused of stalking or domestic violence must stop the following actions:

  • Having any physical, in-person contact with the alleged victim
  • Contacting the victim by phone 
  • Avoiding any online contact with the alleged victim through social media or email
  • Visiting the victim’s workplace, church, or school
  • Committing any acts of violence 
  • Owning or possessing a firearm or weapon
  • Harassing or stalking the victim

The judge can order the accused party to continue supporting the victim financially or to continue paying for household expenses. That’s true even if the judge also orders the accused party to vacate a shared residence. 

Requesting an order of protection can seem overwhelming and difficult. Our experienced Atlanta temporary protective order attorneys can help at every stage. We have the skills to help you safeguard your family’s safety. Contact us today to learn more about how we can help you get a restraining order.

Types of Protective Orders in Georgia

Georgia law recognizes two primary types of protective orders. Either can be initially issued on a temporary, ex parte basis. If the facts prove the accuser’s accusations to be true, the court may finalize the order after a hearing has occurred. 

Protective Orders Based on Family Violence

Family violence protective orders, or FVPOs, are issued when some type of domestic relationship exists between the accuser and accused. 

Domestic relationships can involve:

  • Spouses
  • Romantic partners
  • Cohabitants
  • People who share a child
  • Parents and children
  • Stepparents and stepchildren
  • Foster parents and foster children
  • Former cohabitants 

If you have been a victim of domestic abuse, our attorneys are here to help. Contact us today to learn more about your right to pursue an immediate restraining order to stop the abuse.

Orders of Protection Based on Stalking or Harassment in Georgia

It’s possible to obtain a temporary protective order even if you share no domestic relationship with the other party. Stalking and harassment are serious matters. 

Courts can require that the person who is stalking you refrain from coming within a certain distance of you. The court can also order them to refrain from contacting you in any way.

Process for Obtaining a Temporary Protective Order in Atlanta

Temporary protective orders are handled in civil court. You do not have to prove the other party actually committed a crime to obtain a restraining order. Obtaining the protective order is also entirely free of charge. 

The process for obtaining the order is relatively straightforward:

  • Your attorney will complete a petition and file that petition with the Superior Court.
  • If the court believes an immediate threat exists, it can issue a temporary protective order on the same day.
  • The accused party, the respondent, will be served with a copy of the temporary protective order. This is called service of process.
  • Within 30 days, the court will schedule a hearing where both parties will present evidence to support their side of the story.

Both parties have the right to be represented by an attorney throughout the entire process. The judge will ask both you and your stalker or abuser questions. 

The judge will issue a decision based on the evidence presented. If the judge grants your request for a final restraining order, it can last for up to 12 months.

If the judge decides to deny your request, our attorneys can help you file an appeal. 

What Are the Penalties for Violating an Order of Protection in Georgia?

Violating a temporary protective order is a criminal offense. Remember, it’s not necessary that the court find that the accused party has already committed a crime to issue the order in the first place. However, if they do violate the order, they will face criminal charges.

For a first offense of violating a family violence protective order, the violating party may face misdemeanor charges. Of course, if they commit another crime while violating the protective order, they will face additional charges for that crime.

What an Atlanta Temporary Protective Order Attorney Can Do For You

If you are experiencing domestic violence, seeking legal protection can feel overwhelming. An experienced Atlanta temporary protective order attorney can guide you through the process and help you take immediate steps to protect your safety.

Your attorney can help you prepare and file your petition, ensuring that all necessary details and evidence are clearly presented to the court. This may include documenting incidents of abuse, gathering witness statements, and organizing any supporting records.

A lawyer can also represent you during court hearings, advocating for your protection and addressing any challenges raised by the opposing party. If a temporary protective order is granted, your attorney can help you pursue a final protective order that provides longer-term security.

Throughout the process, your attorney will explain your rights and options so you can make informed decisions about your safety and your family’s future.

Contact Our Atlanta Temporary Protective Order Lawyers for a Confidential Consultation Today

While you can file for a temporary restraining order without a lawyer, hiring a lawyer is extremely important. Our team at The Edwards Law Group has decades of experience advocating on behalf of clients like you. We’ll stand by your side at every stage of the legal process. 

Contact us today to learn how an experienced Atlanta temporary protective order attorney can fight for you.