Temporary Protective Orders
Georgia has enacted some of the country's most stringent laws
regarding domestic violence. These laws provide protection for victims of domestic violence by restraining their
abusers and providing financial support to the victims.
If you have experienced abuse or
threats of domestic violence, you can count on Edwards & Associates to provide compassionate service and assertive
representation.
TPO (Temporary Protective Orders)
Temporary Protective Orders
The Temporary Protection
Order restrains the abuser from doing, attempting to do, threatening to do any act of injury, maltreating, molesting,
following, harassing, harming, or abusing you and/or your minor children in any manner. It orders the abuser not
to attempt to come within a certain number of yards of you or your children. This includes your home, your place
of employment, and your children's school or daycare. A petition for a TPO can be filed for both acts of Domestic
Violence or Stalking. You should be able to describe the most recent incident that occurred. If the abuser lives
in Georgia, the TPO must be filed in the county where the abuser lives. The TPO will remain in effect unless
specifically superseded by a subsequent signed and filed Order, by operation of law, or by Order of Dismissal, whichever
occurs first. Only the Court can void, modify, or dismiss the Order. Either party may ask the Court to change
or dismiss the Order by appearing before the Judge of the Superior Court. Violation of a TPO may be punishable
by arrest and criminal prosecution or by civil penalties.
Stalking
TPOs
The legal definition of Stalking is placing a person in reasonable
fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern
of harassing and intimidating behavior. The most common stalking behaviors are: Following you, placing you under
surveillance, or contacting you without your consent. Stalking behavior should be reported to law enforcement.
Help for Victims of Domestic Violence
You or other household members do
not have to suffer abuse or threats. Both men and women can be victims of domestic violence. Edwards &
Associates can help you obtain protection. The first step is obtaining an ex parte order that will provide immediate
protection. Within two weeks, the court will schedule a hearing for a long-term restraining order. Our firm can
represent you at that hearing to present evidence supporting your petition. We can also seek an order covering
the possession of a home, child support, the possession of an automobile and other protections for you. Attorney
Regina Edwards formerly worked for Georgia Legal Services, a non-profit law firm that was instrumental in drafting
the current Georgia temporary protective order laws. Edwards & Associates has successfully obtained hundreds
of temporary protective orders and can work to obtain protection for you and your loved ones.
False
Domestic Violence Claims
Sometimes, a person will untruthfully allege domestic violence
in order to "stack the deck" in a divorce or child custody dispute. Domestic violence is a serious issue,
and when someone lies about whether abuse has taken place, it can have devastating consequences on the accused party
and the children. Our firm has successfully defended people falsely accused of domestic violence. In one landmark
fathers' rightscase, we represented a young father who had been falsely accused of domestic violence. In truth,
the mother had attacked the father. After hearing the evidence, the judge dismissed the restraining order against
the father and awarded him full custody of his infant daughter. The judge then entered a restraining order against
the mother. The father kept custody of his daughter during the subsequent divorce. If you have been falsely accused
of domestic violence, call us immediately. If you are served with a temporary protective order, you generally
have less than two weeks to hire an attorney and defend your case. Our firm only accepts protective order defense
cases in which we believe that domestic violence has not taken place. If we accept your case, you can rest assured
that we believe in you and will fight for your rights.
