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August 11, 2016 Joshua Schiffer

FIGHTING A TEMPORARY PROTECTIVE ORDER – TPO

It happens. You had a few altercations with your partner. One evening there was some loud shouting, objects were thrown around and the window was shattered. Police show up, ask some questions. Next thing you know you receive a State of Georgia restraining order initiated by your partner. Once you get over the initial shock and anger of the whole situation, you realize the consequences of such an injunction. You call a domestic violence lawyer only to learn that the situation is worse than you could imagine. The restraining order means that you may not come within 100 yards of the “victim,” be it place of work or residence. What’s more? You will be required to move out of your own home! You may be prevented from seeing your children and ordered to pay child support. You may not own a firearm. And if you violate a TPO, you may serve up to a year in jail and pay a fine of $1,000.

Check-Mate! Your future depends on your next move. Don’t just ignore the TPO and let things snowball at you. By acting violently or by not responding, you may waive your rights. Normally, TPOs are effective means of bringing an end to many cases of stalking or domestic violence. But it should not be regarded as an automatic response to harassment and the suitability of imposing a TPO should be determined on a case to case basis. Many times in custody battles, one person may initiate a TPO to gain leverage with the court. While this is an abuse of the system, the accused must defend his position before further restrictions are imposed upon him — especially if the claims are unfounded.

Don’t Despair! Get expert legal counsel to fight the protective order from becoming extended and ending up on your permanent criminal history. Call The Schiffer Firm today at (404) 842-0909

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