Temporary Protective Orders in High-Conflict Divorce

When a divorce starts being about safety, everything changes. What used to be tense conversations can turn into fear, sleepless nights, and constant worry about what might happen next, especially when children are involved.

High-conflict divorces are emotionally exhausting on their own, but if threats or intimidation enter the picture, the pressure becomes immediate. Many people reach out to us not simply because their marriage is ending, but because they’re trying to protect themselves or their children from a situation that feels like it’s spiraling.

In Atlanta and across Georgia, temporary protective orders (TPOs) are one of the primary tools courts use to step in during these moments. In fact, the Georgia Commission on Family Violence reports that 17,662 emergency TPOs were issued in 2024.

If you’re considering a TPO or have just been served with one, you’re likely feeling a mix of uncertainty, stress, and urgency. That reaction is completely normal. Developing a clearer picture of how the process works can help you slow things down and make thoughtful decisions rather than reacting out of fear.

In this article, we’ll walk through how temporary protective orders work in Georgia, when they may be appropriate during divorce proceedings, and what to expect once a judge becomes involved.

About Temporary Protective Orders

When conflict in a marriage starts to feel unsafe, Georgia law gives you the option to ask the court for a temporary protective order, or TPO.

These orders are meant to offer quick protection when you or your family don’t feel safe. They place limits on the other person’s behavior while the court takes a closer look at what’s going on.

Types of Protective and Restraining Orders

Georgia courts have a few different tools they can use to step in when safety is a concern. In situations involving family violence, a temporary protective order is usually the first and most common option.

Some court orders focus on limiting contact, such as instructing one person to stay away from the other or establishing boundaries around where someone can go. Others are broader and deal with behavior, property, or finances during a divorce. Restraining orders fall into this wider category and are often used to keep things from escalating while a case is ongoing.

Difference Between a TPO and a Restraining Order

The main difference comes down to urgency and purpose. A TPO is designed to address immediate safety concerns. Judges can issue one quickly when there’s a risk of harm or a recent incident that raises red flags.

Restraining orders tend to cover more ground, like finances or property issues, but they usually take longer to put in place. During a divorce, a TPO is typically used to stop violence or unwanted contact, while restraining orders are more about managing behavior and assets as the legal process moves forward.

When a Family Violence Protective Order Applies

A family violence protective order applies when someone’s actions make another person feel unsafe. Georgia law recognizes that abuse isn’t always physical. Threats, stalking, harassment, and even damaging property can all qualify.

These protections apply to people who are married or divorced, share a child, or live together. If the relationship creates a real risk, the court has the authority to step in and help protect those involved.

When to Seek a TPO During Divorce

Deciding to seek a TPO is a difficult step. Families often feel confusion or worry about the immediate impact, especially in the middle of a divorce.

When you know the warning signs, it’s easier to respond instead of second-guessing yourself.

Domestic Violence or Threats to Family Members

If your spouse has hit, threatened, or intimidated you, those are clear reasons to consider a TPO. Georgia law takes all threats seriously, especially when weapons, children, or repeated attacks are involved.

You may also want a TPO if your spouse has harassed you by text, phone, or social media, since this behavior counts as a threat in many cases.

Impact on Children and Child Support

Violence in the home can hurt children even if they aren’t direct victims. If you worry about your child’s safety, a TPO may be necessary to limit contact or set supervision rules.

Judges in Atlanta often include terms in a TPO to keep children safe. They may also make emergency decisions about child support if one parent is barred from the home.

Protecting Marital Assets and Bank Accounts

In high-conflict divorces, some people try to hide or move money when violence splits the household. If you fear your spouse will drain accounts, take your car, or damage property out of spite, a TPO can include terms to stop this. Quick action matters, especially if your finances are tied together.

The TPO Divorce Process in Georgia

While it may sound intimidating, the TPO process in Georgia is designed to move quickly. Judges know these cases can’t wait, which is why many requests are handled within days.

(1) File with the County Court

Start by filing a TPO petition at the Superior Court in your county. In Fulton and neighboring counties, each court has forms and instructions you can find online or at the clerk’s office.

Fill out the petition with details about what happened and why you feel unsafe. If you need help filling out forms, some local advocacy groups or legal clinics in Atlanta can assist, or an Atlanta family law attorney can provide guidance.

(2) Provide Evidence of Family Violence

Attach any records or proof of threats, injuries, texts, or police calls. Judges look for details, including witness names, dates, and medical records if you have them. Photographs of injuries or property damage will also help make your case stronger at your TPO hearing.

(3) Court Hearings and Temporary Restraining Order Decisions

After you file, most judges will review your case the same day or within 24 hours. In serious cases, you may get a temporary order without the other person present (called “ex parte”).

A follow-up hearing, usually within 30 days, allows both sides to present their story. At this hearing, the judge decides whether to extend the TPO, change its terms, or let it expire.

Effects of a TPO on Divorce Cases

Once a TPO is in place, it often changes the direction of a divorce, particularly when children, finances, and shared property are part of the picture. Some of the most affected areas include:

Child Custody and Visitation Arrangements

A TPO can mandate no contact between parties or set detailed visitation rules for children. Judges often grant temporary custody to the non-violent parent.

In Fulton and DeKalb counties, courts frequently add third-party supervision or require exchanges at safe public places to protect children during visitation.

Access to Joint Bank Accounts

The court may issue orders that freeze joint assets to keep one party from spending shared funds. This can include bank accounts, investments, or titles to cars and homes. Taking quick steps to tell your bank about the TPO is important so that they enforce the restrictions.

Managing Marital Property and the Other Spouse’s Rights

A TPO may limit who can access the marital home, collect belongings, or sell assets. The court may allow supervised visits to retrieve personal items. It’s rare for a TPO to block someone from property division fully, but it can change who lives in the home and has access to vehicles or business accounts during divorce.

Protecting Your Family and Assets

In a high-conflict divorce, looking out for your safety and your finances can start to feel like a full-time responsibility. The good news is that there are practical steps you can take to protect yourself and stay grounded as the legal process unfolds.

Document Family Violence Incidents

Always keep a log of threats, violence, or harassment. Write down dates, times, and what happened. Save every text, email, or voicemail tied to abuse.

Police reports and hospital records carry weight in court, so report all incidents even if you don’t press charges. Atlanta groups like the Georgia Coalition Against Domestic Violence offer checklists and safety planning tools that can help.

Secure Important Financial Records

Make copies of bank statements, tax returns, credit card bills, and mortgage documents. Store them in a safe place outside the marital home or upload them to secure online storage.

If your spouse manages the bills, getting copies early keeps you from losing key information if tempers flare.

Confirm Children’s Safety and Well-Being

Talk to your children’s teachers and caregivers so they know the situation if your family uses a TPO. Update school pick-up lists and tell staff about no-contact orders.

It’s also wise to review emergency plans and have a neighbor or family friend listed as a “safe contact” if needed.

Life After a Temporary Protective Order

Once a court grants a TPO, things can feel different almost immediately. Daily routines shift, emotions settle (or spike), and new questions start to come up.

While a TPO offers protection, it’s just one step. You still need to consider what’s to come, including…

Transitioning from TPO to Permanent Orders

In Georgia, a TPO can last up to 12 months. If safety concerns don’t go away, you may be able to ask the court to extend the order or turn it into a longer-term protective order.

Judges are more likely to do this when there’s a pattern of behavior, such as repeated threats, violations of the order, or a long history of abuse. If the other party ignores the rules of the TPO, that information matters and should be brought to the court’s attention.

Addressing Child Support and Custody Changes

When a TPO changes who lives where or limits contact between parents, child support and custody arrangements may need to be adjusted. Courts in Atlanta understand that these situations aren’t static and often allow temporary changes while families find their footing.

As your divorce continues, it helps to keep track of how the TPO has affected your parenting time, work schedule, and household finances. This information can be useful when longer-term decisions are made.

Ongoing Protection for Family Members

Even after a TPO is in place, stay proactive. Keep copies of your protective order with you, in your car, and at work. Make sure your children’s school and any caregivers are aware of the order and know who is allowed contact.

Local law enforcement, including the Atlanta Police Department and county sheriffs, take these orders seriously and will respond if the terms are violated. It’s also a good idea to let a few trusted friends or family members know what’s going on and to keep your safety plan active, even as life begins to settle into a new routine.

Get Clear Guidance When Safety Is on the Line

At The Edwards Law Group, we understand that TPOs are tied to real fear, families, and futures. Our attorneys work with individuals and parents across Atlanta who are facing high-conflict divorces involving safety concerns, domestic violence, or urgent court intervention.

When you work with our firm, we take the time to listen to your situation and explain your options in clear terms. We’re here to help you:

Determine whether a TPO is appropriate for your circumstances
Prepare and file a strong petition supported by clear evidence
Represent you at TPO hearings and related divorce proceedings
Address custody, parenting time, and child support issues tied to a protective order
Respond to or modify an existing TPO if you’ve been served

Ultimately, our goal is to stabilize the ground beneath you and help you implement a plan that protects both your safety and what comes next.

Navigating the TPO Process During a High-Conflict Divorce